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bluescribbler

(2,116 posts)
Wed Apr 21, 2021, 08:36 AM Apr 2021

Okay, we all. know he will appeal.

My question, should the appeal process go all the way to SCOTUS, how would Justice "Pubic Hair"Thomas rule? After all, this wasn't a "high tech lynching", it was an actual lynching, decidedly low tech. Would the Justice see that it could easily have been his own neck under the cop's knee? Or, is he so blinded by his right wing ideology that it means nothing to him?

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getagrip_already

(14,750 posts)
11. a knit I'm sure.....
Wed Apr 21, 2021, 10:27 AM
Apr 2021

but does roberts have that power? I thought as long as any 4 justices vote to hear a case, it moves forwards.

But I doubt it will make it past the first level of appeal. First, it is a state case, not federal, and no constitutional issues have been raised.

exboyfil

(17,863 posts)
8. It might be but you do have to wonder
Wed Apr 21, 2021, 09:07 AM
Apr 2021

in his younger days if Clarence Thomas didn't experience a bit of the old boy justice. Status and wealth can shield you from much of it, but go just ten miles out from many urban centers and the car you drive and the color of your skin will attract interest.

lastlib

(23,225 posts)
7. prejudicial pre-trial publicity would be my starting point...
Wed Apr 21, 2021, 08:51 AM
Apr 2021

a la Shepard v. Maxwell

though personally, I don't think it would have much chance. But a good lawyer would raise it.

lastlib

(23,225 posts)
12. True, there's a strong likelihood that it wouldn't be.....
Wed Apr 21, 2021, 02:02 PM
Apr 2021

but there is an outside possibilty that a lower court would look at it. If I was Chauvin's attorney, I would raise it, but I would agree it's not likely to succeed.

Calista241

(5,586 posts)
5. This was a state trial. No way it goes to SCOTUS before Chauvin has served his time anyway.
Wed Apr 21, 2021, 08:45 AM
Apr 2021

He's got a couple avenues to pursue an appeal. Nelson got into the court record the fact that the prosecution turned over thousands of pieces of evidence after the trial started. That may provide a basis for appeal depending on what was turned over.

I suppose they could also appeal the judge's refusal to move the trial. The jury had to walk past throngs of protesters every day to get to work.

But again, those are state appeals. I suppose if the DOJ comes in and puts him on trial for violating Floyd's civil rights, then we'd have a federal case where an appeal could go to SCOTUS.

ProudMNDemocrat

(16,785 posts)
6. This will likely be heard by the MN Supreme Court.
Wed Apr 21, 2021, 08:49 AM
Apr 2021

I am friends with one of the Justices. The US Supreme will not likely hear this case. This is a state matter.

Thus I believe if the Appealate Court upholds the decision of yesterday, Eric Nelson will only be wasting time of the MN Supreme Court.

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