The NY Appeals should wait to reject Trump's appeal

[Mr.WeRP]

Of course we all expect Trump to appeal his conviction. And of course we expect it will be rejected. However, if it is rejected and then quickly again by the NY high court, Trump could go to federal courts. The state appeals courts should hold onto these appeals as long as possible before rejecting them to ensure Trump serves as much time as possible (he will get time) and prevent a corrupt SCOTUS from being able to overturn it.

[ProudMNDemocrat]

1. As with his Federal trials, there's no need to rush things.

The NY Appeals Courts do not have to rush this.

They can do their "death by a thousand cuts " schedule.

[Ocelot II]

2. They can't reject the appeal; they have to take it - it's not a discretionary matter.

If, however, what you mean by "reject" is that the appellate court refuses to overturn the conviction, that's probably correct. But if that decision of the intermediate appellate court is upheld by the state's highest appellate court, that's going to be the end of it, because the federal courts don't have jurisdiction over a state court's decision regarding state law. The only way this case could get into the federal system is if the defendant raises a constitutional issue. The federal courts are courts of limited jurisdiction, meaning that they can only hear cases arising under federal law or the US constitution (or lawsuits between citizens of different states, but that's not relevant in a criminal case). In any event, the appeal process in the state courts will take quite awhile.

[Mr.WeRP]

3. I have two thoughts on how they will try to get it to federal

1. Trump’s right to fair trial; even if incorrect, they will argue Trump’s 6th amendment was violated as Blanche tried to get trial moved on these grounds
2. The NY State upgrade to Felony in this matter is unconstitutional without also convicting Trump on the underlying intended crime

SCOTUS would have 6 votes to hear on these grounds , but I suspect they would wait if the case is in state appeal.

[Ocelot II]

9. I suppose they could try, but it's a long shot.

The case would still have to make its way through the state system, since SCOTUS can consider a case where a state court decides a federal question and the defendant has no further remedy within the state. If the appeal raises a federal question that could be the setup, but a 6th Amendment claim would be incredibly weak. And the NY statute doesn't require proof that any other crime was committed - just the intent to commit or conceal another crime: "A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof." Some lawyers and professors have attempted to poke holes in this law, for example: https://news.syr.edu/blog/2024/05/07/law-professor-the-manhattan-district-attorneys-convoluted-legal-case-against-donald-trump-gets-more-convoluted/ and I expect such arguments to be raised on appeal, but whether they can be raised to a constitutional level remains to be seen. It will take a long time, regardless.

[FBaggins]

5. That's not entirely true

There were federal issues built into the case. Most of the speculative felonies (that allowed the case to move forward in the first place) were federal crimes.

[Ocelot II]

10. The alleged underlying crimes were based on NY state election law.

[FBaggins]

11. So?

The issues he elects to appeal are not limited to those.

[LeftInTX]

7. There's always something archaic that he can bring up to the feds.

Miranda vs Arizona comes to mind.

Most cases can find something. Many cases sent to federal court are denied. In Trump's case, he will just appeal until it lands on the Supreme Court. Of course, the Supreme Court will not review most cases, but they can chose to review Trump's case. (Because Trump)

There was a recent case of a Texas inmate who was sleep deprived due to a schedule at a Texas prison. It was handled by the 5th Court of Appeals. https://www.texasobserver.org/criminal-justice-prison-sleep-tdcj-sleep-deprivation-lawsuit/ (Of course the outcome of this case was not an overturned conviction)

[Wonder Why]

12. Set hearing date fo the second week in November..

[onenote]

4. New York appeals don't move all that quickly.

Harvey Weinstein was convicted in February 2020. His appellate division appeal was denied and his conviction affirmed in June 2022. The Court of Appeals reversed his conviction in April 2024 --- more than four years after his initial conviction.

[central scrutinizer]

6. SCOTUS has no restrictions

I fear they will ignore normal procedure and step in soon. What’s going to stop them?

[Maru Kitteh]

8. IF he gets any time, it will be suspended. That's a HUGE if. Hu-ge.

I would give it roughly a 20% chance that there is any incarceration in the sentence at all, and IF it is it will 100% be suspended pending any/all appeals.

If incarceration is part of the sentence, I believe it will be suspended pending the completion of a probationary period and the completion of X. I know people are making talk out of community service like picking up trash but ha ha, dream on. So MANY reasons why that's not going to happen not the least of which is they're not going to allow him to make a further farce of this process by turning community service into a campaign fundraiser press event. There could be some other kind of community service ordered, maybe, but I'm hoping for something relevant and creative like assigning him a course on civics and election law with a proctored test at the end to avoid jail - but I'm not holding my breath on that one either.

[WarGamer]

13. It's customary for the Appeals Court to STAY the sentencing while under appeal.

Trump's not going to prison before the election despite the wishcasting.

[Mr.WeRP]

14. It isn't "customary" especially in criminal felony convictions

The appellate judge may grant it. But if the appeal isn’t heard after 120 days, the convicted must report to prison in NY state. Hence, the request for the appellate court to drag its feet. Trump will be in prison before the election.

[WarGamer]

15. NYT found 90% of similar charged cases in NY Courts resulted in 0 prison time.

He';s not going to prison... if we want him to go POOF and disappear...

GOTV.

Beat him at the ballot box... again.

[Mr.WeRP]

16. This is definitely in the 10%

Judge has many reasons to give time on this. He will. And he won’t be the one to grant the stay. It must be asked for by the defendant to the appellate court, where a justice will decide. One of the things the justice will weigh is how likely an appeal is to succeed.

And I wouldn’t rely too heavily on the accuracy of the NYT, especially in matters involving Trump.

[WarGamer]

17. I guess we'll see... 6 weeks?