Donald Trump has returned to the campaign trail with a trip to Arizona, his first appearance in a battleground state since he was convicted in a hush money scandal.
No, appeals courts deal with matters of the interpretation of the law and the legal process. Ineffective advice of counsel: "My lawyer made such a heinous error that the fairness of the trial was ruined because of it. “The judge’s instructions to the jury were so glaringly wrong that they had an impact on the verdict.”
Appeals courts avoid questions of fact as much as possible, only ruling in favor of the appellant if the facts (testimony, evidence) presented at trial can be proved to have been false, and that the falsehood would have had an impact on the verdict.
Lastly, criminal appeals are rarely successful. If you’re an appellant who gets a ruling in your favor, that does not change your verdict from guilty to not guilty. What it does is void the previous trial, and everybody starts all over again from the very beginning. New discovery, new trial prep, new pre-trial motions, new jury selection, new courtroom trial. Just like what happened the first time, so long as the prosecutor determines that the case is still ripe.`
That trial, that jury may find you not guilty based on what happens in that courtroom. The appeals court does not do that.
What I’m hearing you say is that traditionally, appeals courts do not typically deal with matters of fact. One thing Trump has exposed is the flaw of relying on tradition and any type of honor. Wouldn’t surprise me to hear it gets appealed to a court that owes him a favor who says to hell with tradition. Although IANAL and have no idea what I’m saying.
I mean, his lawyers are appealing to this court. I’m just hoping they’ll dutifully consider the merits of his appeal… and then throw him out on his ear.
No, appeals courts deal with matters of the interpretation of the law and the legal process. Ineffective advice of counsel: "My lawyer made such a heinous error that the fairness of the trial was ruined because of it. “The judge’s instructions to the jury were so glaringly wrong that they had an impact on the verdict.”
Appeals courts avoid questions of fact as much as possible, only ruling in favor of the appellant if the facts (testimony, evidence) presented at trial can be proved to have been false, and that the falsehood would have had an impact on the verdict.
Lastly, criminal appeals are rarely successful. If you’re an appellant who gets a ruling in your favor, that does not change your verdict from guilty to not guilty. What it does is void the previous trial, and everybody starts all over again from the very beginning. New discovery, new trial prep, new pre-trial motions, new jury selection, new courtroom trial. Just like what happened the first time, so long as the prosecutor determines that the case is still ripe.`
That trial, that jury may find you not guilty based on what happens in that courtroom. The appeals court does not do that.
What I’m hearing you say is that traditionally, appeals courts do not typically deal with matters of fact. One thing Trump has exposed is the flaw of relying on tradition and any type of honor. Wouldn’t surprise me to hear it gets appealed to a court that owes him a favor who says to hell with tradition. Although IANAL and have no idea what I’m saying.
I hear you, but these are the judges he’ll be appealing to
https://www.nycourts.gov/courts/ad1/
I mean, his lawyers are appealing to this court. I’m just hoping they’ll dutifully consider the merits of his appeal… and then throw him out on his ear.