Breaking

[malaise]

Appeals Court denies stay re the CONvicted felon’s sentencing on Friday

[Sneederbunk]

1. Off to SCOTUS we go.

[Ocelot II]

10. This is a state court proceeding.

It would have to go through the state's entire appellate process before he could petition for cert. to SCOTUS. There's no removal process in criminal cases to get a case into federal court as there is for civil cases.

[Sundance1220]

33. Court of Appeals

Is the highest court in NY. Higher than state supreme court. So federal is his only option.

[Ocelot II]

35. There's no federal jurisdiction unless the case involves a federal statute

or a constitutional question. He can't appeal the conviction until he's sentenced, and that appeal will have to go through the state appellate system. The appeal that was just rejected had to do only with delaying the sentencing, not the conviction itself.

[Sneederbunk]

57. Check news.

[Ocelot II]

58. They raised a constitutional issue, even though it's a bogus one.

[malaise]

2. And he can't appeal until he is sentenced

New York state Law.
He is fucked. He will be sentenced. New York State Law😂😂😂

[Sundance1220]

3. Please explain like I'm a golden retriever

Are you saying this cannot be appealed to the supreme court until he's sentenced?

[GreenWave]

6. OK. Lucky, go get the ball! That's a good girl. Let go of that ball! Stop slobbering on that ball!

[Sundance1220]

7. Was that really necessary?

[MadameButterfly]

12. My brief research confirms it

OK, the dog thing was a little funny, as was your previous post. I'll take anything that makes me laugh these days.
But I get your point.

From PBS News:
"Whenever he is sentenced, Trump will have an opportunity to speak, as will his lawyers and prosecutors. He can only appeal the verdict after he is sentenced."

I'm not sure that means he won't find a way to delay the sentencing though.
These days, I'll believe it when I see it.

[Sundance1220]

15. I just read an article that said

this was it for state courts (NY Court of Appeals is the highest court in NY) but he can try and get a federal court to grant a stay (and if that doesn't work, he can try the supremes). If I were Garland, I would release it TODAY and not wait for the feds to decide anything as this is a state matter.

[MadameButterfly]

19. Man, there's always a way

and SCOTUS will make it a priority. i'm not holding my breath for anything from Garland.

[Frank D. Lincoln]

22. I think you meant SCROTUM. nt

[karynnj]

61. This is the NYS case with Judge Merchan for which a jury found him quilty of 34 felonies

This related to his coverup of payments to Stormy Daniels.

Nothing to do with the Jack Smith cases.

[MadameButterfly]

63. Don't know what Jack Smith

has to do with this thread. I know which case this is.

[LiberalArkie]

28. I do not believe that Garland (Barr jr.) wants anything made public.

[CatWoman]

18. Maybe not

but it was funny

[Attilatheblond]

26. Well, it did ME a lot of good.

[stollen]

32. I needed a laugh

[stopdiggin]

59. might have been misinterpreted

but from here ... kinda' looks like you initiated the snark. and, as comeback, you got the gentle (humorous) version there.

- - - - - - - - - - - - - - - - - - - -

[orangecrush]

20. ...

[Ocelot II]

36. That's correct. More specifically, he can't appeal to SCOTUS until

he's exhausted all of the appeals in the state court system. And even then it would have to be by petition for review (certiorari), which SCOTUS does not have to accept.

[Sundance1220]

38. Thank you

But since court of appeals is the highest court in NY, hasn't that threshold been reached? Or are you talking about the appeals for the criminal case and not specifically this one about sentencing?

[Ocelot II]

39. Today's decision *only* denied the requested delay for the sentencing hearing.

Since there has been no sentencing yet, there can be no appeal from the conviction until that happens.

[soldierant]

46. It's a State conviction, for nreaking a State law.

The appellate process it needs to go to is that State's appellate process. Before it can go beyond the state process, it has to go through every state court in the State's system. If it is rejected by the highest court in the State, which in New York is the Court of Appeals, not the State Supreme Court, he can request the Supreme Court to look at it. Thousands do each year. They really cannot take it unless there is a question regarding an interpretation of the U.S. Constitution. And there isn't.

[Bluetus]

45. So what?

This is a lot of celebrating, considering that the most that will happen is a suspended sentence.

[soldierant]

47. Actually I am expecting an Unconditional Discharge - no penalty, but he is still a convicted felon, forever.

And since this sentence will close the case, there qill be nothing to appleal to any court.

[Sundance1220]

4. Why can't I find anything about this online?

If you don't mind sharing, where did you hear it?

[Bernardo de La Paz]

16. That's because you didn't look at the DU home page. It's there. . . . . nt

[leftieNanner]

23. I heard it on NPR this morning. Nt

[ForgedCrank]

25. Yea, always

vague or cryptic statements without a link. I think we are supposed to beg for information or something.

[soldierant]

48. Multiple attornies have been addressing the possibilities all week.

Besides Joyce Vance, that includes Harry Litman and Ben Meisalas, and probably Michael Popk,Thoug I didn't look him, or Glenn Kirschner, up.

This from Joyce was posted Daturday night, and it's not presented as news, but as a discussion of possible outcome accorfing to New York law:

https://joycevance.substack.com/p/before-inauguration-sentencinghttps://joycevance.substack.com/p/before-inauguration-sentencing?utm_source=post-email-title&publication_id=607357&post_id=154103514&utm_campaign=email-post-title&isFreemail=true&token=eyJ1c2VyX2lkIjo0NTUzNjQ5OSwicG9zdF9pZCI6MTU0MTAzNTE0LCJpYXQiOjE3MzYwNDI2MTcsImV4cCI6MTczODYzNDYxNywiaXNzIjoicHViLTYwNzM1NyIsInN1YiI6InBvc3QtcmVhY3Rpb24ifQ.czYJdpaHQ_eFnNDmS8jZ32pwReUmUkDN6TW9vupIw8o&r=r406r&triedRedirect=true&utm_medium=email

[Sundance1220]

50. Thank you for this

Hard to keep up with all the moving parts.

[soldierant]

64. And that's exactly why I subscribe to Vance and Litman on dubstack

and have bookmarked the channels on YouTube for Popok and Kirschner. I am not a lawyer, and I know I can't know what is going on without some help. BYW, Ben Meiselas of Meidas Touch is also a lawyer. I don't care for his videos because, although some repetition is necessary to communicate orally, I feel he overdoes it. But his written newsletters don't have that problem. I just started getting those.

[soldierant]

49. Multiple attorneys have ben discussing this all week. Not as news, but as an explanation

of the possibilities of different outcomes, under New York law. Harry Litman and Ben Meiselas have, and probably Michael Popok and Glenn Kirschner, though I didn't look them up. Of what I did see, I thought Joyce Vance's was the most comprehensive and understandable by non-lawyers. She posted it Saturday night:

https://joycevance.substack.com/p/before-inauguration-sentencinghttps://joycevance.substack.com/p/before-inauguration-sentencing

[Silent Type]

5. Personally, I'd just as soon sentencing didn't happen now. Merchan has already said it won't involve any sanctions.

Leaving it lingering over trump's head -- even if it never comes up again -- is better than essentially patting him on the back, with a half-assed don't do it again.

[Sundance1220]

8. There is a train of nonsense from magats

that says he's not really a convicted felon UNTIL he's sentenced. That's why he's fighting so hard to not be sentenced before the inauguration.

[gab13by13]

9. Kind of like waiting on the long form birth certificate

instead of accepting the legal certificate.

[Silent Type]

11. Now their train of thought will change to, "he was convicted of a 'crime' that carried no sanctions, he's still Prez."

[TommyT139]

53. Not just magats - "abatement ab initio"

There was a lot of discussion when Trump got the 34 guilty verdicts, about how to refer to him. More importantly, Trump needs to be sentenced, in order to be able to appeal, in order to complete the court process. He is after all old, in poor health, and likely to walk past open windows.

Abatement ab initio refers to the rule stating, if a defendant dies while appealing their conviction, that conviction is vacated. This rule comes from the principle that a party who dies during the appeal process has unwillingly been stripped of their appellate rights and therefore abatement of the conviction preserves those rights.

Abatement ab initio has far-reaching effects on victims of wrongdoing who, due to the vacated conviction, are no longer entitled to whatever damages or compensation they were initially awarded. For example, in United States v. Estates of Parson, plaintiffs could not collect on the $1.3 million they were awarded due to defendant’s fraud because the defendant passed away while appealing. As a result, the continued existence of abatement ab initio is controversial.

https://www.law.cornell.edu/wex/abatement

If I recall correctly, this was the situation in Massachusetts until the Aaron Hernandez case. In jail for murder, he committed suicide, so the verdict was essentially erased.

[Sundance1220]

54. Thank for context

As far as I'm concerned, he's a convicted felon until judged otherwise.

[TommyT139]

55. For sure...

A 34-fold convicted felon.

[H2O Man]

13. Recommended.

What an ass-clown.

[MadameButterfly]

14. i just wish Garland

would publish the Jack Smith reports on the cases that will carry more weight and that threaten our national security

[angrychair]

21. All I know is this

If I ever get convicted of multiple felonies in New York I'm going to demand the trump sentencing guidelines of nada and nothing.
Also if I were recently sentenced felon in NY I would demand to be sentenced under these new guidelines of no jail time for nothing.

[Attilatheblond]

27. Trump and his puppet lawyers giving me PTSD flash backs of the Manson trials

One pile of crap being thrown at the wall after another.

[sop]

24. Trump will skip it and send the parking lot lawyer to do a remote appearance on his behalf.

[Sundance1220]

34. He HAS to attend

But has the option of doing it virtually.

[liberalla]

29. Yippee! Whoopie! Very exciting!

Is there a release date/time yet?

This is a bouncey mood day

[tavernier]

30. He can't be there. He's a busy guy.

He’s got wars to plan against Denmark, Panama and Canada. He has a basket full of green plastic soldiers that he is lining up on the map on his dining table in Mara Lago. He is just waiting for Elon to come over and tell him which country is which.

[homegirl]

31. He

just added Mexico, or is it an additional charge against Mexico?

[malaise]

37. Ha

Rec

[tavernier]

40. Oh yeah?

I hear Jamaica’s next!

[malaise]

42. Not likely

😀😀

[malaise]

43. Not likely

😀😀

[Fiddlelady11]

41. Then Friday will be

A good day!

[Mblaze]

44. If it goes to SCOTUS, this an easy one for them to refuse to hear

The judge has already said that there will be no punishment and Trump has already been found guilty. SCOTUS can pretend they aren't in the bag for Trump.

[malaise]

56. Adding this

https://www.democraticunderground.com/1016393931

[Mblaze]

62. Thank you

[DallasNE]

51. Will Trump Now appeal to Alito For A Stay? Nt

[Tickle]

52. Out of all he was accused of

this is it, unconditional sentence? He has to show up if not in person then virtually. I hope they don't let him speak

[bluestarone]

60. I'm worried though.

The ruling is too fast. I'm thinking they want the Supreme court on this fast