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jerrymahoney

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Everything posted by jerrymahoney

  1. He could be hinting at appeal based on a procedural issue.
  2. 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'.
  3. 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
  4. 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'.
  5. https://www.brookings.edu/research/second-edition-fulton-county-georgias-trump-investigation/
  6. 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.
  7. 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.
  8. 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.
  9. OK. And I've got Georgia on my Mind.
  10. 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/
  11. 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.
  12. 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
  13. 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.
  14. No the National Enquirer is the Stormy Daniels hush money case.
  15. All that may be true. They are going to appeal anyway.
  16. Conviction or charge civil or criminal is not disqualification to run for or serve as US President https://aseannow.com/topic/1294355-jury-finds-donald-trump-sexually-abused-e-jean-carroll-in-civil-case/?do=findComment&comment=18071914
  17. I wasn't in Court. I support all other criminal investigations into Trump. I just think this case may be reversed on appeal. And I think Tacopina has given hint as to how.
  18. Tacopina already said. From the original Carroll v Trump complaint: 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.
  19. The Federal District court verdict is in. Tacopina says they will appeal. On what basis might they appeal? Donald Trump’s attorney Joe Tacopina called the jury’s decision in the civil trial Tuesday a “strange verdict,” noting that the jury rejected the rape claim against his client. While the jury found that Trump sexually abused E. Jean Carroll in 1996, sufficient to hold him liable for battery, the jury did not find that Carroll proved he raped her. Tacopina, speaking outside the Manhattan courthouse, said that they would “obviously” be appealing the verdict. https://edition.cnn.com/politics/live-news/e-jean-carroll-trump-trial-verdict-05-09-23/index.html So my guess what they might go after on appeal: Jury Instructions.
  20. You may be right. The Trump team decided against it. He denied the whole thing in video tape deposition part of which, at least, was shown in Court.
  21. Yes and he could have sent (the late) Groucho Marx instead and it would still be the same.
  22. Yes. He could say: "Whenever she says I was there, I wasn't there. And I don't know where I was when I wasn't there at the time she says I was there."
  23. He wasn't where when? Even if he had showed up he ,ouldn't answer that one. Tacopina feels he has the grounds for an appeal. Ball is in his court.
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