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Trump appeals verdict finding him liable for sexual assault


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11 hours ago, Chomper Higgot said:

Does groping meet the definition of sexual battery?

 

If so then groping is sexual battery regardless of rape.

From the Complaint filed November 2022:

 

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

 

 

Logical Operators - Compound Statements

There are two types of compound statements used in logic functions: these are called conjunction and disjunction. 

 

A conjunction implies that both statements are true, while disjunction implies that at least one statement is true. With a conjunction, statements are connected by the word "and" while with disjunction statements are connected by the word "or."

 

https://nemeth.aphtech.org/lesson10.2
 

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7 hours ago, jerrymahoney said:

From the Complaint filed November 2022:

 

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

 

 

Logical Operators - Compound Statements

There are two types of compound statements used in logic functions: these are called conjunction and disjunction. 

 

A conjunction implies that both statements are true, while disjunction implies that at least one statement is true. With a conjunction, statements are connected by the word "and" while with disjunction statements are connected by the word "or."

 

https://nemeth.aphtech.org/lesson10.2
 

Now you are giving me lectures on logic.

 

Members who actually know me will find that as amusing as I do.

 

 

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1 hour ago, Chomper Higgot said:

Now you are giving me lectures on logic.

 

Members who actually know me will find that as amusing as I do.

 

 

I have no idea. This is not a new jury trial. An appeal is largely concerned with procedural issues. And whether the jury verdict jives with complaint as filed. And  the above is the complaint as filed long before he trial -- with the word AND not OR.

 

"In her new claims, Carroll maintains that Trump committed battery "when he forcibly raped and groped her" and that he defamed her when he denied raping her last month."  NOVEMBER 24, 2022

https://www.cbsnews.com/news/donald-trump-rape-sexual-assault-lawsuit-e-jean-carroll-new-york/  

 

And in this case, per the notice filed with the the appeals court, there will be unspecified constitutional issues raised.

 

But as this is the first sentence of the appeal's Nature of the Action, I think it will have something to do with this:

 

Appellee-Plaintiff, E. Jean Carroll’s (“Plaintiff”) contentions arise out of an alleged sexual assault which she claims occurred at the Bergdorf Goodman store in New York, New York on an uncertain date “between the fall of 1995 and the spring of 1996.”

(My italics)

Edited by jerrymahoney
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As Donald Trump and his lawyers head to court once again to face a second defamation lawsuit filed by E. Jean Carroll, he faces the very real prospect of a jury awarding her up to $100 million in punitive damages should a jury find in her favor.

According to a report from New York Times' Benjamin Weiser, Carroll's attorney is looking for a win and financial penalties at the outermost edge that will get the former president to cease smearing her client and that may come in the form of a massive punitive damage award.

 

https://www.rawstory.com/trump-e-jean-carroll-2661745479/

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On 6/20/2023 at 1:45 PM, jerrymahoney said:

I have no idea. This is not a new jury trial. An appeal is largely concerned with procedural issues. And whether the jury verdict jives with complaint as filed. And  the above is the complaint as filed long before he trial -- with the word AND not OR.

 

"In her new claims, Carroll maintains that Trump committed battery "when he forcibly raped and groped her" and that he defamed her when he denied raping her last month."  NOVEMBER 24, 2022

https://www.cbsnews.com/news/donald-trump-rape-sexual-assault-lawsuit-e-jean-carroll-new-york/  

 

And in this case, per the notice filed with the the appeals court, there will be unspecified constitutional issues raised.

 

But as this is the first sentence of the appeal's Nature of the Action, I think it will have something to do with this:

 

Appellee-Plaintiff, E. Jean Carroll’s (“Plaintiff”) contentions arise out of an alleged sexual assault which she claims occurred at the Bergdorf Goodman store in New York, New York on an uncertain date “between the fall of 1995 and the spring of 1996.”

(My italics)

Crazy, isn't it? I can remember exactly what I was doing every day 18 years ago.

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  • 3 weeks later...

UPDATE: Trump not entitled to immunity in Carroll defamation lawsuit, DoJ says

 

The justice department has reversed its position on defending former US president Donald Trump in a lawsuit brought by writer E Jean Carroll, paving the way for a possible trial in January.

 

The department said in a court filing on Tuesday that it can no longer conclude Trump was acting in his capacity as president when he made allegedly defamatory statements about Carroll in 2019.

 

The former Elle magazine columnist alleges that she was sexually assaulted by Trump in a New York department store in 1996, a claim that he dismissed as “a complete con job”.

 

READ MORE

https://www.theguardian.com/us-news/2023/jul/11/doj-trump-not-entitled-to-immunity-carroll-defamation-lawsuit

 

image.png.0ff170f76a6116f648e24f59ed9febb5.png

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  • 2 weeks later...
1 hour ago, placeholder said:

and mistakenly focuses on the New York Penal Law definition of ‘rape’ to the exclusion of the meaning of that word as it often is used in everyday life and of the evidence of what actually occurred between Ms. Carroll and Mr. Trump.”

From the original complaint:

 

36. Trump opened his overcoat and unzipped his pants. Trump then pushed his fingers around Carroll’s genitals and forced his penis inside of her.

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On 6/23/2023 at 5:24 AM, ozimoron said:

As Donald Trump and his lawyers head to court once again to face a second defamation lawsuit filed by E. Jean Carroll, he faces the very real prospect of a jury awarding her up to $100 million in punitive damages should a jury find in her favor.

According to a report from New York Times' Benjamin Weiser, Carroll's attorney is looking for a win and financial penalties at the outermost edge that will get the former president to cease smearing her client and that may come in the form of a massive punitive damage award.

 

https://www.rawstory.com/trump-e-jean-carroll-2661745479/

Now if they could get him to stop smearing our elections and our democracy we would be making progress!

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35 minutes ago, Chomper Higgot said:

Sure but that retrial motion had nothing to do with the appeal which will be before a panel of judges and not Judge Kaplan.

Edited by jerrymahoney
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  • 5 weeks later...

Just to note this ruling involves the original defamation-only so called Carroll I suit Ms. Carroll filed in 2020 when Trump was still President.

 

It is not about the so-called Carroll II suit filed in 2022 for defamation and rape that Ms. Carroll filed in 2022 under the NY State temporary waiver of statute of limitations for sexual assault type claims and for which Trump was found liable and has posted  a $5 million deposit pending appeal on that -- and which is the case referenced in the OP this topic.

Edited by jerrymahoney
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On 7/20/2023 at 6:25 PM, jerrymahoney said:

From the original complaint:

 

36. Trump opened his overcoat and unzipped his pants. Trump then pushed his fingers around Carroll’s genitals and forced his penis inside of her.

Once again: Judge Kaplan noted that the jurors are not bound by NY State's criminal law's definition of rape. It could mean penetration by anything such as fingers.

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This topic is about an appeal. The above may or may not have anything to do with an appeal.

 

This is the first sentence from the narrative of the appeal:

 

Appellee-Plaintiff, E. Jean Carroll’s (“Plaintiff”) contentions arise out of an alleged sexual assault which she claims occurred at the Bergdorf Goodman store in New York, New York on an uncertain date “between the fall of 1995 and the spring of 1996.”

 

Below is part of the form summitted to the appeals court noting that the appeal intends to raise a Constitutional issue. My guess is at least one point of the appeal as a Constitutional issue will deal with the fact that Trump was deprived of any alibi defense by the above reference to the "uncertain" date of occurrence even given that this was a civil and not criminal trial.

image.png

Edited by jerrymahoney
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  • 7 months later...

Trump filed appeal brief 20 NOV 2023

 

Carroll filed appeal reply 20 MAR 2024.

 

Hot item: (Carroll witness on cross-examination):

 

Tacopina also accused the court of "mischaracterizing evidence," including testimony by Cheryl Beall, who managed the Bergdorf Goodman store where the alleged rape occurred, in which she said she was "certain" the store had surveillance cameras at all of the entrance and exit doors. (my bold)

 

https://www.upi.com/Top_News/US/2023/05/01/Trump-E-Jean-Carroll-mistrial/8011682952870/

Edited by jerrymahoney
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On 3/28/2024 at 9:38 AM, jerrymahoney said:

Trump filed appeal brief 20 NOV 2023

 

Carroll filed appeal reply 20 MAR 2024.

 

Hot item: (Carroll witness on cross-examination):

 

Tacopina also accused the court of "mischaracterizing evidence," including testimony by Cheryl Beall, who managed the Bergdorf Goodman store where the alleged rape occurred, in which she said she was "certain" the store had surveillance cameras at all of the entrance and exit doors. (my bold)

 

https://www.upi.com/Top_News/US/2023/05/01/Trump-E-Jean-Carroll-mistrial/8011682952870/

And to follow-up, while the Trump appeal brief mentions the above testimony of Carroll witness Ms. Beall, the reply brief from Team Carroll, while it deals with the issue of video or no video, does not contain the word 'certain' in their discussion of Ms. Beall's testimony as in the Trump brief's:

 

 'On cross-examination, Beall testified that she was “certain”
that the store had security cameras at “all of the doors.' 

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