Trump appeals verdict finding him liable for sexual assault

[jerrymahoney]

As to the appeal, Trump lawyer Joe Tacopina told The Post Thursday: “Judge [Lewis] Kaplan has been overturned once already in Carroll v. Trump” — referring to the pending defamation case in which the judge’s ruling that Trump didn’t have immunity was overturned.

 

“We are confident it will be twice after this appeal is heard,” Tacopina said. “But what can’t be appealed and won’t be changed is the fact that this was a rape claim from day one and the jury rejected the rape claim even under the lowest standard allowable by law, preponderance of the evidence (or 51%) standard.”

 

https://nypost.com/2023/05/11/trump-to-appeal-5m-judgment-in-e-jean-carroll-lawsuit/

[Pink Mist]

A post baiting another poster has been removed.

[jerrymahoney]

Court records showed on Thursday that Trump notified the 2nd U.S. Circuit Court of Appeals that he was appealing the verdict, as his lawyer Joseph Tacopina previously said he would.

 

Legal experts have said the appeals process could potentially take years.

 

https://www.reuters.com/legal/trump-files-notice-appeal-lawsuit-brought-by-e-jean-carroll-2023-05-11/

[stevenl]

On 5/15/2023 at 7:50 AM, jerrymahoney said:

Court records showed on Thursday that Trump notified the 2nd U.S. Circuit Court of Appeals that he was appealing the verdict, as his lawyer Joseph Tacopina previously said he would.

 

Legal experts have said the appeals process could potentially take years.

 

https://www.reuters.com/legal/trump-files-notice-appeal-lawsuit-brought-by-e-jean-carroll-2023-05-11/

"Legal experts have said the appeals process could potentially take years."
There you have it, the aim of his appeal, as usual.

[Chomper Higgot]

1 hour ago, jerrymahoney said:

Court records showed on Thursday that Trump notified the 2nd U.S. Circuit Court of Appeals that he was appealing the verdict, as his lawyer Joseph Tacopina previously said he would.

 

Legal experts have said the appeals process could potentially take years.

 

https://www.reuters.com/legal/trump-files-notice-appeal-lawsuit-brought-by-e-jean-carroll-2023-05-11/

That’s an awful long time to keep your hopes up.

[jerrymahoney]

That is also an awful long time that Trump only has to put up an award bond but that's how the game is played.

 

"Trump’s lawyers also said they will ask the U.S. 2nd Circuit Court of Appeals to toss out the order for him to pay $5 million in compensatory and punitive damages."

 

https://www.cnbc.com/2023/05/11/trump-to-appeal-verdict-in-e-jean-carroll-sex-abuse-case.html
 

[jerrymahoney]

On 5/15/2023 at 9:10 AM, Chomper Higgot said:

That’s an awful long time to keep your hopes up.

So you are suggesting I am a Trump sympathizer?

 

I voted against him twice in Florida (not that it made any difference in his winning of Florida both times).

 

How about you?

[placeholder]

12 minutes ago, jerrymahoney said:

So you are suggesting I am a Trump sympathizer?

 

I voted against him twice in Florida (not that it made any difference in his winning of Florida both times).

 

How about you?

We can  rationally judge your political stance only by the arguments and independently confirmable facts you post here.

[placeholder]

On 5/15/2023 at 9:01 AM, jerrymahoney said:

Just this past week, there were 2 major appellate decisions involving Jury Instruction including this headline:

 

Supreme Court Overturns Wire Fraud Conviction of Private Citizen Under Honest-Services Theory After Holding That The Jury Instructions Given Were Too Vague

 

Decided May 11, 2023

Percoco v. United States, No. 21-1158

 

And at the 1st Circuit Boston from an article on the "Varsity Blues" scandal:

 

The three-judge panel of the 1st Circuit said (last week that) the trial judge was wrong in instructing the jury ...

 

 

 

 

 

And how often does this happen? And how often have Trump's appeals been supported by judges? He doesn't have a great track record, does he?

[jerrymahoney]

As referenced above, in the cases of Carroll vs Trump they are 1 for 1 on appeals:

As to the appeal, Trump lawyer Joe Tacopina told The Post Thursday: “Judge [Lewis] Kaplan has been overturned once already in Carroll v. Trump” — referring to the pending defamation case in which the judge’s ruling that Trump didn’t have immunity was overturned.

 

https://nypost.com/2023/05/11/trump-to-appeal-5m-judgment-in-e-jean-carroll-lawsuit/

 

And just to note by coincidence this week at the US Supreme Court, Judge Koeltl was the judge overturned at District Court in the original Andy Warhol copyright suit.

 

Edited May 21, 2023 by jerrymahoney

[jerrymahoney]

57 minutes ago, placeholder said:

We can  rationally judge your political stance only by the arguments and independently confirmable facts you post here.

I think the Carroll case was a terrible case.  I don't care who was on the receiving end of You raped me. When? I don't know.

[placeholder]

Just now, jerrymahoney said:

I think the Carroll case was a terrible case.  I don't care who was on the receiving end of You raped me. When? I don't know.

Not the only piece of evidence that undermines your claim.

[jerrymahoney]

1 hour ago, placeholder said:

Not the only piece of evidence that undermines your claim.

Sure I thought at least one juror might not go along with whatever the judge said was how to interpret Ms. Carroll's claim.

Not so.

 

The appeal --based upon my reading of Tacopina's comments -- is that the complaint was for rape and not once in the complaint or in the testimony of Ms. Carroll and her two main witnesses was it ever suggested that Ms. Carroll was not raped but only sexually molested.

 

And that kind of 'technicality' is the bread & butter of the appellate process.

Edited May 21, 2023 by jerrymahoney

[placeholder]

15 minutes ago, jerrymahoney said:

Sure I thought at least one juror might not go along with whatever the judge said was how to interpret Ms. Carroll's claim.

Not so.

 

The appeal --based upon my reading of Tacopina's comments -- is that the complaint was for rape and not once in the complaint or in the testimony of Ms. Carroll and her two main witnesses was it ever suggested that Ms. Carroll was not raped but only sexually molested.

 

And that kind of 'technicality' is the bread & butter of the appellate process.

As legal experts repeatedly have pointed out, judges are very reluctant to overturn a verdict based solely on a jury's verdict. Very rare. Verdicts in civil cases are usually overturned because of some invalid  decisions or instructions made by the judge in the case.

[jerrymahoney]

13 minutes ago, placeholder said:

Verdicts in civil cases are usually overturned because of some invalid  decisions or instructions made by the judge in the case.

And that is my read on just what Tacopina is claiming is the basis for appeal.

 

From the original Carroll  COMPLAINT AND DEMAND FOR A JURY TRIAL

 

1. Roughly 27 years ago, ..... and raped her.

 

122. Trump committed battery against Carroll when he forcibly raped and groped her.

 

Ain't no maybe's there.

Edited May 21, 2023 by jerrymahoney

[placeholder]

13 minutes ago, jerrymahoney said:

And that is my read on just what Tacopina is claiming is the basis for appeal.

 

From the original Carroll  COMPLAINT AND DEMAND FOR A JURY TRIAL

 

1. Roughly 27 years ago, ..... and raped her.

 

122. Trump committed battery against Carroll when he forcibly raped and groped her.

 

Ain't no maybe's there.

That's got nothing to do with procedural issues. Trump's lawyers have an almost perfect record of having their appeals turned down.

[jerrymahoney]

On 5/15/2023 at 9:10 AM, Chomper Higgot said:

That’s an awful long time to keep your hopes up.

That is the post that you assume I am pro-Trump. I'll leave it at that if you do the same.

.

And I know what is Northern Soul

[jerrymahoney]

8 minutes ago, placeholder said:

That's got nothing to do with procedural issues. Trump's lawyers have an almost perfect record of having their appeals turned down.

In Carroll v Trump, they are 1 for 1. And Jury instruction is a prime appellate procedural issue.

[placeholder]

3 minutes ago, jerrymahoney said:

In Carroll v Trump, they are 1 for 1. And Jury instruction is a prime appellate procedural issue.

You sure about that?

https://abcnews.go.com/US/appeals-court-returns-jean-carroll-defamation-case-district/story?id=98754846

[jerrymahoney]

6 minutes ago, placeholder said:

You sure about that?

https://abcnews.go.com/US/appeals-court-returns-jean-carroll-defamation-case-district/story?id=98754846

I was only quoting Tacopina. Maybe he was wrong.

 

But maybe,as in your link to the defamation trial, it can be entered at the district court that a jury found to the preponderance of the evidence standard Mr. Trump did not rape Ms. Carroll.

 

An appeal has been filed. An appeal is not a trial. It is mostly based upon case law and precedent.

 

 

Edited May 21, 2023 by jerrymahoney

[placeholder]

1 minute ago, jerrymahoney said:

I was only quoting Tacopina. Maybe he was wrong.

 

An appeal has been filed. An appeal is not a trial. It is mostly based upon case law and precedent.

 

 

You're quoting a hired hand who has an ignoramus for a client who is willing to spend whatever it takes to sustain an appeal.

[jerrymahoney]

23 minutes ago, placeholder said:

You're quoting a hired hand who has an ignoramus for a client who is willing to spend whatever it takes to sustain an appeal.

Well it is all moot until the appellate attorneys have written and filed their brief with the appellate Court. And Ms. Roberta Kaplan is a very experienced appellate attorney.

 

She said: E. Jean Carroll's lawyer Roberta Kaplan said Wednesday that former President Trump has “absolutely zero” grounds for an appeal after a jury found that he defamed Carroll and is liable for sexual abuse of her.

 

https://thehill.com/regulation/court-battles/3997968-e-jean-carroll-lawyer-says-trump-has-absolutely-zero-grounds-for-appeal/#:~:text=Email-,E.,for sexual abuse of her.

 

She is also a hired hand.

Edited May 21, 2023 by jerrymahoney

[Pink Mist]

A troll post baiting another poster has been removed.

[placeholder]

2 hours ago, jerrymahoney said:

Well it is all moot until the appellate attorneys have written and filed their brief with the appellate Court. And Ms. Roberta Kaplan is a very experienced appellate attorney.

 

She said: E. Jean Carroll's lawyer Roberta Kaplan said Wednesday that former President Trump has “absolutely zero” grounds for an appeal after a jury found that he defamed Carroll and is liable for sexual abuse of her.

 

https://thehill.com/regulation/court-battles/3997968-e-jean-carroll-lawyer-says-trump-has-absolutely-zero-grounds-for-appeal/#:~:text=Email-,E.,for sexual abuse of her.

 

She is also a hired hand.

Which is why I, for one, don't cite attorneys with an interest in the case to support my arguments.

[LosLobo]

5 hours ago, jerrymahoney said:

So you are suggesting I am a Trump sympathizer?

 

I voted against him twice in Florida (not that it made any difference in his winning of Florida both times).

 

How about you?

I think most posters here can be forgiven for assuming that you are a Trump sympathizer.

 

As in this case of Carroll vs Trump, I am sure that modus operandi is a large factor for making decisions.

 

Although you persist with "I am no Trump apologist", you admit that you voted for Trump in both of his Presidential election attempts.

 

You also seem to spend an inordinate amount of time in researching and posting in support of him, against public opinion and a jury of his peers who have found him liable in this case.

 

There seems to be two completing ideas here which are mutually exclusive.

 

Occam's razor is a principle often attributed to … William of Ockham that says that if you have two competing ideas to explain the same phenomenon, you should prefer the simpler one.

 

I can only suggest that your antagonists here have chosen the simple one.

 

[jerrymahoney]

50 minutes ago, LosLobo said:

Although you persist with "I am no Trump apologist", you admit that you voted for Trump in both of his Presidential election attempts.

I said that I voted against Trump in 2016 and 2020.

 

And an appeal is a very different animal than a trial. An appeal involves in part briefs documenting case law and precedents involving jury instructions in previous trial decisions.

 

I have never said anything about supporting Trump. I am just looking at the case.

Edited May 21, 2023 by jerrymahoney

[LosLobo]

8 minutes ago, jerrymahoney said:

I said that I voted against Trump in 2016 and 2020.

 

And an appeal is a very different animal than a trial. An appeal involves in part briefs documenting case law and precedents involving jury instructions in previous trial decisions.

 

I have never said anything about supporting Trump. I am just looking at the case.

Apologies for misreading your post, my mistake.

 

This revelation was entirely unexpected based on your MO.

[jerrymahoney]

3 minutes ago, LosLobo said:

Apologies for misreading your post, my mistake.

 

This revelation was entirely unexpected based on your MO.

No problem. Forget about this case for now, nothing's going to happen fast.

I have really been focused on the Georgia situation especially related to the hour plus long Georgia Secretary of State Raffensperger phone call and I mean the entire phone call not just the 'just find me 11 thousand plus votes' snippet. 

[placeholder]

6 minutes ago, jerrymahoney said:

No problem. Forget about this case for now, nothing's going to happen fast.

I have really been focused on the Georgia situation especially related to the hour plus long Georgia Secretary of State Raffensperger phone call and I mean the entire phone call not just the 'just find me 11 thousand plus votes' snippet. 

You mean all the false claims that Trump made?

[jerrymahoney]

15 minutes ago, placeholder said:

You mean all the false claims that Trump made?

No. I mean all the times he told Raffensperger that his saying that he would not further investigate more than he already has to find the about 200,000 illegally cast ballots that Trump claimed could be considered criminal activity on Raffensperger's part.

 

As in:

 

Raffensperger: Well, I listened to what the President has just said. President Trump, we’ve had several lawsuits and we’ve had to respond in court to the lawsuits and the contentions. Um, we don’t agree that you have won. And we don’t — I didn’t agree about the 200,000 number that you’d mentioned. And I can go through that point by point.

 

Edited May 21, 2023 by jerrymahoney