jerrymahoney Posted June 19, 2023 Share Posted June 19, 2023 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 1 Link to comment Share on other sites More sharing options...
Chomper Higgot Posted June 20, 2023 Share Posted June 20, 2023 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. Link to comment Share on other sites More sharing options...
jerrymahoney Posted June 20, 2023 Share Posted June 20, 2023 (edited) 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 June 20, 2023 by jerrymahoney Link to comment Share on other sites More sharing options...
ozimoron Posted June 23, 2023 Share Posted June 23, 2023 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/ 1 Link to comment Share on other sites More sharing options...
ozimoron Posted June 23, 2023 Share Posted June 23, 2023 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. Link to comment Share on other sites More sharing options...
onthedarkside Posted July 12, 2023 Author Share Posted July 12, 2023 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 1 Link to comment Share on other sites More sharing options...
Popular Post placeholder Posted July 20, 2023 Popular Post Share Posted July 20, 2023 On 6/20/2023 at 5:36 AM, 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 Judge upholds the $5 million verdict against Trump in E. Jean Carroll’s sex abuse and defamation case The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed … the jury found that Mr. Trump in fact did exactly that.” Instead, the proof convincingly established, and the jury implicitly found, that Mr. Trump deliberately and forcibly penetrated Ms. Carroll’s vagina with his fingers, causing immediate pain and long lasting emotional and psychological harm,” Kaplan wrote. The judge said Trump’s argument “ignores the bulk of the evidence at trial, misinterprets the jury’s verdict, 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.” https://www.pbs.org/newshour/politics/judge-upholds-the-5-million-verdict-against-trump-in-e-jean-carrolls-sex-abuse-and-defamation-case 3 Link to comment Share on other sites More sharing options...
jerrymahoney Posted July 20, 2023 Share Posted July 20, 2023 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. Link to comment Share on other sites More sharing options...
Tug Posted July 20, 2023 Share Posted July 20, 2023 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! 1 Link to comment Share on other sites More sharing options...
Chomper Higgot Posted July 22, 2023 Share Posted July 22, 2023 Well that didn’t go to plan did it Donnie?: https://www.independent.co.uk/news/world/americas/us-politics/trump-rape-carroll-ruling-appeal-b2379265.html Link to comment Share on other sites More sharing options...
jerrymahoney Posted July 22, 2023 Share Posted July 22, 2023 (edited) 35 minutes ago, Chomper Higgot said: Well that didn’t go to plan did it Donnie?: https://www.independent.co.uk/news/world/americas/us-politics/trump-rape-carroll-ruling-appeal-b2379265.html 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 July 22, 2023 by jerrymahoney Link to comment Share on other sites More sharing options...
Chomper Higgot Posted July 22, 2023 Share Posted July 22, 2023 25 minutes ago, jerrymahoney 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. So it’s good news for Trump then?! Link to comment Share on other sites More sharing options...
stevenl Posted August 20, 2023 Share Posted August 20, 2023 As was to be expected. https://www.nbcnews.com/politics/donald-trump/judge-finds-donald-trumps-appeal-e-jean-carroll-case-frivolous-rcna100662 2 Link to comment Share on other sites More sharing options...
jerrymahoney Posted August 20, 2023 Share Posted August 20, 2023 (edited) 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 August 20, 2023 by jerrymahoney 1 Link to comment Share on other sites More sharing options...
placeholder Posted August 21, 2023 Share Posted August 21, 2023 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. Link to comment Share on other sites More sharing options...
jerrymahoney Posted August 21, 2023 Share Posted August 21, 2023 (edited) 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. Edited August 21, 2023 by jerrymahoney Link to comment Share on other sites More sharing options...
Danderman123 Posted August 21, 2023 Share Posted August 21, 2023 Meh. Trump will lose, and probably file bankruptcy to get out of paying. Link to comment Share on other sites More sharing options...
jerrymahoney Posted August 21, 2023 Share Posted August 21, 2023 37 minutes ago, Danderman123 said: Meh. Trump will lose, and probably file bankruptcy to get out of paying. For 2022 rape-defamation case, the $5 million is already in an escrow account pending the appeal. 2 Link to comment Share on other sites More sharing options...
jerrymahoney Posted March 28 Share Posted March 28 (edited) 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 March 28 by jerrymahoney Link to comment Share on other sites More sharing options...
jerrymahoney Posted April 2 Share Posted April 2 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.' Link to comment Share on other sites More sharing options...
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