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I believe you E. Jean Carroll! (Original Post) mysteryowl Apr 2023 OP
Tocopina did not have a good day today. Admonished by judge for mobeau69 Apr 2023 #1
Yep. Ms Carroll is a very believable witness for the jury. mysteryowl Apr 2023 #2
I believe most of the objections were sustained. rsdsharp Apr 2023 #5
My bad. mobeau69 Apr 2023 #30
I wish it to be so, also....but Wishful-Thinking Apr 2023 #3
UGH, maybe he can keep his misogony in a cave for this trial. mysteryowl Apr 2023 #4
Civil juries don't have to be unanimous. rsdsharp Apr 2023 #6
That's good news, thanks mysteryowl Apr 2023 #7
Can someone verify this? My understanding is that they DO have to be unanimous. Beakybird Apr 2023 #10
Maybe it depends on the state? mysteryowl Apr 2023 #11
NY Civil Practice Law and Rules sec 4113 rsdsharp Apr 2023 #12
That's a relief! For some reason, I thought this was a federal lawsuit. Beakybird Apr 2023 #13
You're right. Brian fart on my part. rsdsharp Apr 2023 #14
Well, the lawsuit is in the New York Supreme Court. Beakybird Apr 2023 #16
No, it's in the Southern District of New York. rsdsharp Apr 2023 #19
Brian farts are the worst! robbob Apr 2023 #24
the jury has 9 people RussBLib Apr 2023 #20
I think that since it's a federal grand jury, the verdict has to be unanimous. Beakybird Apr 2023 #22
It's a petit jury, but yes, it does have to be unanimous rsdsharp Apr 2023 #25
but wasn't Carroll allowed to bring suit ... RussBLib Apr 2023 #26
That rule is the New York State rule. It doesn't apply in federal court. rsdsharp Apr 2023 #23
I thought they asked a bunch of questions Tree Lady Apr 2023 #21
Listen to Legal AF Podcast Wishful-Thinking Apr 2023 #31
I believe her too. LoisB Apr 2023 #8
I totally believe her. It fits Trump's character and past perfectly. walkingman Apr 2023 #9
I'm not religious BOSSHOG Apr 2023 #15
Of course I believe her dlk Apr 2023 #17
Me too! yardwork Apr 2023 #18
I have not been following this, but tavernier Apr 2023 #27
Would you say the same thing ExWhoDoesntCare Apr 2023 #33
I was pushed into a room at a party by two guys, classmates, tavernier Apr 2023 #34
K&R UTUSN Apr 2023 #28
Yes Meowmee Apr 2023 #29
I believe her. n/t LuckyCharms Apr 2023 #32

mobeau69

(11,156 posts)
1. Tocopina did not have a good day today. Admonished by judge for
Thu Apr 27, 2023, 07:29 PM
Apr 2023

being repetitive in his cross. Objections made all throughout the questioning and the judge overruled nearly all of them.

Source: Joy Reid’s guest tonight that was in the courtroom.

Wishful-Thinking

(109 posts)
3. I wish it to be so, also....but
Thu Apr 27, 2023, 07:31 PM
Apr 2023

Just heard today on Legal AF (one of the Meidas podcasts) that one of the 9 jurors is a 31 year old white guy who listens to right wing podcasts for his news. It only takes one. If E Jeanne’s attorneys let him through, imagine how the ones that were discharged looked.

rsdsharp

(9,202 posts)
12. NY Civil Practice Law and Rules sec 4113
Thu Apr 27, 2023, 08:14 PM
Apr 2023

Disagreement by jury. (a) Unanimous verdict not required. A verdict may be rendered by not less than five-sixths of the jurors constituting a jury.

rsdsharp

(9,202 posts)
14. You're right. Brian fart on my part.
Thu Apr 27, 2023, 08:29 PM
Apr 2023

Here’s Fed R Civ Pro 48

a) Number of Jurors. A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c).

(b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members.

I’ve read that they can return a verdict with 7 members, but I don’t know if that’s true. I can’t find a stipulation to that.

rsdsharp

(9,202 posts)
19. No, it's in the Southern District of New York.
Thu Apr 27, 2023, 08:58 PM
Apr 2023

Judge Kaplan was appointed by Bill Clinton. I just screwed up.

RussBLib

(9,036 posts)
20. the jury has 9 people
Thu Apr 27, 2023, 09:00 PM
Apr 2023

7.4 is 5/6 of 9, so I believe you could rule for Carroll with 8 of 9 votes. 7 isn't enough if your pool is 9.

rsdsharp

(9,202 posts)
25. It's a petit jury, but yes, it does have to be unanimous
Thu Apr 27, 2023, 09:06 PM
Apr 2023

unless the parties stipulate that it doesn’t.

RussBLib

(9,036 posts)
26. but wasn't Carroll allowed to bring suit ...
Thu Apr 27, 2023, 09:12 PM
Apr 2023

...because the New York state legislature changed their statute of limitations law giving rape victims more time to bring suit? Seems like if a state lege did that, it should be brought in state court. ??

I don't care as long as his ass gets nailed. While Carroll was testifying in court, Trump is out campaigning in New Hampshire. So busy he is.

New state law extends the statute of limitations for rape in New York
9/18/2019

Under the new law, the statute of limitations for reporting second-degree rape increases to 20 years and third-degree rape increases to 10 years. Previously, both were five years.

“There has been an ongoing and pervasive culture of sexual harassment and abuse in our society, and it is made worse by the fact that victims of second- and third-degree rape only have five years to bring a legal claim against their attacker,” Cuomo said in a statement. “Five years is an insult to these survivors and today we’re providing them more time to come to terms with the trauma they experienced and to seek justice.”

The law eliminates the statute of limitations for incest in the first degree, and extends the statute to 20 years for incest in the second degree and for a second-degree criminal sexual act. For third-degree criminal sex acts, the statute of limitations is increased to 10 years.

And under the law, victims now have 20 years in which to bring a civil suit for the offenses.


https://www.cnn.com/2019/09/18/us/new-york-law-rape-statute-of-limitations-extended/index.html

Wishful-Thinking

(109 posts)
31. Listen to Legal AF Podcast
Fri Apr 28, 2023, 11:48 AM
Apr 2023

Thursday April 27 edition called “Trump Lawyers Getting Crushed and Jack Smith Soars”. This is two well informed lawyers talking about the case and the issues we have all been tossing around here. It’s free on Apple Podcast and I think on YouTube as well.

‘Michael Popok and former top Manhattan DA prosecutor Karen Friedman Agnifilo discuss: 1. Days 1 and 2 of the E Jean Carroll federal case against Donald Trump;”

dlk

(11,578 posts)
17. Of course I believe her
Thu Apr 27, 2023, 08:53 PM
Apr 2023

You can see it in her eyes. That and Trump is a known sexual predator who jokes about having sex with his daughter.

tavernier

(12,401 posts)
27. I have not been following this, but
Thu Apr 27, 2023, 09:42 PM
Apr 2023

I heard that she said that she watched trumps show on TV because she thought it was clever for them to produce a show like that. If I had been raped by Trump, there’s no way I would spend one second of time ever ever ever watching his horrible show.

Sorry. She’s probably telling the truth but she and I are two different people, and I could never watch his show having gone through what she went through.

 

ExWhoDoesntCare

(4,741 posts)
33. Would you say the same thing
Sat Apr 29, 2023, 05:57 PM
Apr 2023

About someone who was robbed, but still watches cop shows after it?

I always find it telling when people make these sexist assertions about "would anyone do X" when it comes to rape victims, but never about victims of other crimes.

Maybe you need to examine why you so readily went for that particular rape justification.

tavernier

(12,401 posts)
34. I was pushed into a room at a party by two guys, classmates,
Sat Apr 29, 2023, 09:03 PM
Apr 2023

when I was in high school. I wasn’t raped but only because I physically fought them off and I think they knew I would end up screaming and bringing in everyone in the house. I never told anyone but my best friend, but I could never look at or speak to them again. I sure as hell would never have had anything to do with either one again even if they were both crowned King of England.

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