onthedarkside Posted May 11, 2023 Posted May 11, 2023 Former President Donald Trump is appealing a jury’s verdict finding him liable for sexually abusing and defaming writer E. Jean Carroll. Trump’s lawyers filed a notice of appeal in the 2nd Circuit Court of Appeals on Thursday, two days after the nine-person jury ordered Trump to pay Carroll $5 million in damages. Carroll accused Trump of sexually assaulting her in the dressing room of a department store in the 1990s. She sued Trump for battery and defamation. https://www.politico.com/news/2023/05/11/trump-appeals-verdict-liable-for-sexual-assault-00096568 1
Popular Post SunnyinBangrak Posted May 11, 2023 Popular Post Posted May 11, 2023 Is it not dangerous for a claim of SA without the claimant giving an exact date the event was alleged to have occurred on? More-so that it was decades ago. Seems to me that Trump was unable to give an alibi due to the lady not knowing what date the supposed attack took place on. Not exactly what I expect from the judicial system in a mature democracy but then it does seem the rule books were all thrown out when it comes to the persecution of Trump. This case should send shivers up supporters of the current President who's accuser now doesn't need a specific date so the accused can not prove he was not there. I doubt they thought of this. 3 2 1
jerrymahoney Posted May 11, 2023 Posted May 11, 2023 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. 1
bamnutsak Posted May 11, 2023 Posted May 11, 2023 I was most definitely wrong in my prediction that Trump would NOT appeal this verdict. Still not seeing the end-game for him on this, especially given his statements during the CNN Town Hall. Why keep this matter alive for people to continue to be reviled by? And has he ever won an appeal? (Given the number of cases, all civil so far, I guess he must have won at least one? Donald Trump filed a notice Tuesday which states his attention to appeal his loss this week in a New York City civil trial—which found him liable for sexual battery and defaming the writer E. Jean Carroll. The notice, filed in the 2nd U.S. Circuit Court of Appeals, serves as a precursor for an incoming formal appeal. https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.179.0.pdf
Popular Post Tug Posted May 12, 2023 Popular Post Posted May 12, 2023 41 minutes ago, SunnyinBangrak said: Is it not dangerous for a claim of SA without the claimant giving an exact date the event was alleged to have occurred on? More-so that it was decades ago. Seems to me that Trump was unable to give an alibi due to the lady not knowing what date the supposed attack took place on. Not exactly what I expect from the judicial system in a mature democracy but then it does seem the rule books were all thrown out when it comes to the persecution of Trump. This case should send shivers up supporters of the current President who's accuser now doesn't need a specific date so the accused can not prove he was not there. I doubt they thought of this. The old imbecile went out and defamed her again on the cnn dumpster fire last night and he continues to do the same on socal media lmao ???? she may file another defamation lawsuit cause the old clown can shut his yap lmao ???? 4 1 1
Chomper Higgot Posted May 12, 2023 Posted May 12, 2023 47 minutes ago, SunnyinBangrak said: Is it not dangerous for a claim of SA without the claimant giving an exact date the event was alleged to have occurred on? More-so that it was decades ago. Seems to me that Trump was unable to give an alibi due to the lady not knowing what date the supposed attack took place on. Not exactly what I expect from the judicial system in a mature democracy but then it does seem the rule books were all thrown out when it comes to the persecution of Trump. This case should send shivers up supporters of the current President who's accuser now doesn't need a specific date so the accused can not prove he was not there. I doubt they thought of this. Oh the drama! Have never heard the term. ’On or around’? As in, ‘on or around [insert date] the accused did [insert accusation]. Indictments, and convictions are frequently based on accusations that have no precise date or time. 2
Popular Post Chomper Higgot Posted May 12, 2023 Popular Post Posted May 12, 2023 4 minutes ago, Tug said: The old imbecile went out and defamed her again on the cnn dumpster fire last night and he continues to do the same on socal media lmao ???? she may file another defamation lawsuit cause the old clown can shut his yap lmao ???? With a precise date, time and video footage attached. 2 3
Popular Post herfiehandbag Posted May 12, 2023 Popular Post Posted May 12, 2023 He really does think that he is above the law, civil and criminal, doesn't he. I watched the bizarre CNN "reality show on steroids". The man is running for President, yet seems to have no real policies. Just me, me and me. 2 2 2
Popular Post bendejo Posted May 12, 2023 Popular Post Posted May 12, 2023 "Mr T____ why didn't you say this under oath when you had the chance to put this to rest once and for all?" This question was not asked. He got sued for $5 million for defaming her, next day he goes on television and does it again. That's one way to ensure he'll continually be mentioned in the media. 2 2
stevenl Posted May 12, 2023 Posted May 12, 2023 3 minutes ago, herfiehandbag said: He really does think that he is above the law, civil and criminal, doesn't he. I watched the bizarre CNN "reality show on steroids". The man is running for President, yet seems to have no real policies. Just me, me and me. And people love it. One can only hope not enough in his club 1 1
jerrymahoney Posted May 12, 2023 Posted May 12, 2023 20 minutes ago, Chomper Higgot said: Oh the drama! Have never heard the term. ’On or around’? As in, ‘on or around [insert date] the accused did [insert accusation]. Indictments, and convictions are frequently based on accusations that have no precise date or time. 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.
Chomper Higgot Posted May 12, 2023 Posted May 12, 2023 2 minutes ago, jerrymahoney said: 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. You called the trial wrong, don’t press it with your guess on the appeal. 1
jerrymahoney Posted May 12, 2023 Posted May 12, 2023 6 minutes ago, Chomper Higgot said: You called the trial wrong, don’t press it with your guess on the appeal. Don't yet know what is the basis for an appeal. Neither do you.
Etaoin Shrdlu Posted May 12, 2023 Posted May 12, 2023 25 minutes ago, bendejo said: He got sued for $5 million for defaming her, next day he goes on television and does it again. That's one way to ensure he'll continually be mentioned in the media. He must truly believe the old adage that there is no such thing as bad publicity. 2
Popular Post Chomper Higgot Posted May 12, 2023 Popular Post Posted May 12, 2023 1 minute ago, jerrymahoney said: Don't yet know what is the basis for an appeal. Neither do you. I’ll make a stab at it. Donny is a sore loser. 3
Tug Posted May 12, 2023 Posted May 12, 2023 36 minutes ago, Chomper Higgot said: With a precise date, time and video footage attached. In front of millions of witnesses you just can’t make this stuff up what a dumpster fire! 2
jerrymahoney Posted May 12, 2023 Posted May 12, 2023 1 minute ago, Chomper Higgot said: I’ll make a stab at it. 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
In Full Agreement Posted May 12, 2023 Posted May 12, 2023 If the Big D wants to argue the verdict out in court again Ms. Carroll may provide him with the opportunity to do so. It'd be the perfect outcome to Big D's lies and fabrications. This 3:58 clip may foretell Mr. D's unraveling as has no other event. 1
heybruce Posted May 12, 2023 Posted May 12, 2023 3 hours ago, bamnutsak said: I was most definitely wrong in my prediction that Trump would NOT appeal this verdict. Still not seeing the end-game for him on this, especially given his statements during the CNN Town Hall. Why keep this matter alive for people to continue to be reviled by? And has he ever won an appeal? (Given the number of cases, all civil so far, I guess he must have won at least one? Donald Trump filed a notice Tuesday which states his attention to appeal his loss this week in a New York City civil trial—which found him liable for sexual battery and defaming the writer E. Jean Carroll. The notice, filed in the 2nd U.S. Circuit Court of Appeals, serves as a precursor for an incoming formal appeal. https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.179.0.pdf "Still not seeing the end-game for him on this, especially given his statements during the CNN Town Hall." I believe his strategy has always been to wear down those filing legitimate claims against him by dragging things out for years. This ties up their time and finances indefinitely. Few can afford that.
placeholder Posted May 13, 2023 Posted May 13, 2023 On 5/12/2023 at 7:48 AM, jerrymahoney said: 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 Since we don't know by what criteria the jury made its decision, your comments about what their decision meant are speculate. What we do know is is that Donald Trump denied that there was any sort of physical contact between him and Carroll. And the jury unequivocally rejected that. It took the 3 hours to come up with the verdict and that included a lunch break. 1
jerrymahoney Posted May 13, 2023 Posted May 13, 2023 33 minutes ago, placeholder said: Since we don't know by what criteria the jury made its decision, your comments about what their decision meant are speculate. What we do know is is that Donald Trump denied that there was any sort of physical contact between him and Carroll. And the jury unequivocally rejected that. It took the 3 hours to come up with the verdict and that included a lunch break. I just a bit ago saw Tacopina's full remarks on leaving the court. He said that this was a rape case and never anything but a rape case and that the claim was for rape. And that he found the verdict 'inconsistent'. And that would be -- among other issues -- what will be the basis of appeal. And as I said before via ABA links, this will likely be based on one or more procedural issues. 1
jerrymahoney Posted May 13, 2023 Posted May 13, 2023 He says pretty straight about what he feel is the basis for an appeal. And the appeal has nothing to do with how the jury came to their decision.
Pink Mist Posted May 13, 2023 Posted May 13, 2023 A derogatory name calling post for the Attorney has been removed.
placeholder Posted May 13, 2023 Posted May 13, 2023 4 hours ago, jerrymahoney said: I just a bit ago saw Tacopina's full remarks on leaving the court. He said that this was a rape case and never anything but a rape case and that the claim was for rape. And that he found the verdict 'inconsistent'. And that would be -- among other issues -- what will be the basis of appeal. And as I said before via ABA links, this will likely be based on one or more procedural issues. Well, procedural issues would not be about the jury's verdict.
bendejo Posted May 13, 2023 Posted May 13, 2023 He doesn't know her, witchhunt/hoax etc. Then he says "what kind of women goes into a store's dressing room with a man . . . ?" Wait, he said it didn't happen. So no he's saying he did go into the dressing room with her?
jerrymahoney Posted May 13, 2023 Posted May 13, 2023 6 minutes ago, bendejo said: He doesn't know her, witchhunt/hoax etc. Then he says "what kind of women goes into a store's dressing room with a man . . . ?" Wait, he said it didn't happen. So no he's saying he did go into the dressing room with her? None of those questions will have anything to do with an appeal.
jerrymahoney Posted May 13, 2023 Posted May 13, 2023 Jury Instructions -- Role in Appeals Jury instructions play a significant role in the appellate process; errors or omissions in the instructions can provide grounds for an appeal. Appellate courts may review instructions given to the jury to determine if they were made in a legally permissible manner. If the appellate court finds an error in the instructions process, it may, if sufficiently problematic, reverse a decision or order a new trial. https://en.wikipedia.org/wiki/Jury_instructions
still kicking Posted May 13, 2023 Posted May 13, 2023 3 minutes ago, jerrymahoney said: What comment? The comment you made on someone else's post.
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