jerrymahoney

Well to the above, I certainly thought there was a chance that one or more jurors would find the evidence not meeting the preponderance of the evidence standard. The jury found that Ms. Carroll's claim that she was raped did not meet the standard. Whether that may factor into the appeal of both the battery and defamation decisions, too soon to say.

This was my post yesterday on the other topic whether it may have any bearing on the appeal or not: Yes. The jury's decision was that she was sexually assaulted but not raped. Nowhere, either in her original complaint nor in court testimony, did Ms. Carroll ever suggest that she was sexually assaulted but not raped. In fact, from her cross exam with Tacopina: After more back and forth, she declared, “I’m telling you, he raped me, whether I screamed or not.” per NYTimes

Don't yet know what is the basis for an appeal. Neither do you.

Sure but not usually as in a matter of years. But items like this are most likely not going to be a matter in an appeal.

The 'notice of appeal' does not contain any reference to the basis of appeal. And once again, an appeal is usually based upon some procedural error in the already completed trial, not because the defendant disagrees with the verdict.

I expect that he might say some things relevant to a possible appeal.

Yes. The jury's decision was that she was sexually assaulted but not raped. Nowhere, either in her original complaint nor in court testimony, did Ms. Carroll ever suggest that she was sexually assaulted but not raped.

OK.

I meant Tacopina.

I only know what the guy says. Appellate law is a specialty. It is just a matter if appellate law specialists look at this and say there are plausible grounds for appeal. Tacopina is not an appellate law specialist.

An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial s procedure or errors in the judge's interpretation of the law. https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals And Tacopina could get experienced appellate attorneys to join the festivities.

He could be hinting at appeal based on a procedural issue.

Yes. The clock is ticking to file notice of appeal and I don't think "the judge was mean to me" will get them very far. I just note that Tacopina referred to the split decision as both 'strange' and 'inconsistent'.

From https://www.bonalaw.com/insights/legal-resources/calculating-the-deadline-for-a-notice-of-appeal-in-federal-court Federal appellate courts review judgments and orders of U.S. district courts and administrative courts. How Long Does a Party Have to File? A party to a civil lawsuit usually has 30 days from the entry of the judgment or order to file a notice of appeal under FRAP 4, or a petition for permission to appeal under FRAP 5. FRAP = Federal Rules of Appellate Procedure

Yes. And I'll accept, if there is an appeal, the appellate court's decision. My reason for thinking the appeal has some merit: Tacopina called the verdict 'strange' and 'inconsistent'.

https://www.brookings.edu/research/second-edition-fulton-county-georgias-trump-investigation/

This was sworn testimony: during cross-examination: Ms. Carroll, her voice rising as she testified, said, “I’m telling you, he raped me, whether I screamed or not.” https://www.nytimes.com/2023/05/09/nyregion/trump-carroll-trial-sexual-abuse-defamation.html The jury decided, based on the evidentiary standard, that he did not rape her. I'm not here going to characterize what I think of her sworn testimony under oath.

On what basis do you think I am a Trump supporter? I only think the Carroll thing was from a legal standpoint a bad case. She said repeatedly in her original claim and in her sworn cross-examination testimony that she was raped. And the jury found that -- based upon the minimal 'preponderance of the evidence' standard -- she was not raped. This is item 1. of the original COMPLAINT AND DEMAND FOR A JURY TRIAL (their caps): 1. Roughly 27 years ago, playful banter at the luxury department store Bergdorf Goodman on Fifth Avenue in New York City took a dark turn when Defendant Donald J. Trump seized Plaintiff E. Jean Carroll, forced her up against a dressing room wall, pinned her in place with his shoulder, and raped her. It does not say : ... pinned her in place with his shoulder and MAYBE raped her.

My last 4 trips back to USA pre-COVID were a flight into Atlanta and then lots of driving within the state heading elsewhere. Spent many a night in rural Trump strongholds including Dalton, GA, the congressional home of MTG.

OK. And I've got Georgia on my Mind.

That's not how an appeal works. An appeal is almost always based upon a procedural issue. https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals/

Back him for what?

Along the above lines, someone once asked what are the various advantages/disadvantages to extension via retirement vs. via marriage. I said that for marriage, the main advantage is 400K in the bank vs. 800K in the bank for retirement. The main disadvantage: You have to be married. To which UbonJoe came in and said that HIS marriage was certainly no disadvantage. But I did get a lot of humorous-type likes to my post. Selamet jalan to him.

There usually must be a legal basis for the appeal an alleged material error in the trial not just the fact that the losing party didn't like the verdict. An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial s procedure or errors in the judge's interpretation of the law. https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals

The original complaint form only mentions rape. The jury said that Ms. Carroll's claim of rape did not meet the 'preponderance of the evidence' standard. So that as in the original complaint form: 1. Roughly 27 years ago, playful banter at the luxury department store Bergdorf Goodman on Fifth Avenue in New York City took a dark turn when Defendant Donald J. Trump seized Plaintiff E. Jean Carroll, forced her up against a dressing room wall, pinned her in place with his shoulder, and raped her. she nowhere mentions that she was (only) sexually abused.