Giantone
04-08-2022, 11:36 AM
Appeals based on factual determinations are near impossible as review courts defer to the fact finder who actually heard the evidence at trial vs superimposing their own view from reading a record. Courts give trials deference.
Appeals based on misapplication of law or judicial error .. those have legs. Standard is lower.
This judge (and every judge, even your district court county judge) knows that if they want an appeal proof judgment to try and base decision on a finding of fact.
---------
Had a bench trial 2 weeks ago, hit and run car accident, small case. Defense stipulated to liability in the hopes it would be inadmissible to introduce evidence of the hit and run. I had my client testify as to hit and run. defense objects and puts their "objection on the record" which indicates you are going to appeal. Defense moved for mistrial. judge denied.
Judge clearly stated on the record that he would not consider the hit and run testimony in reaching his verdict.
Judge gave me 3 times my specials (i was expecting 2) ... he took the hit and run into account but made an appeal proof record that he wouldnt.
judicial error. The man had no right to be in the building, it was closed to the public. Had the MOB not broken in there is reasonable expectation he would not have been allowed in. If after being broken into a Capital Police Officer was trying to calm the situation by not attempting to remove the mob does not or can not be assumed permission of entrance.
Giantone
04-08-2022, 11:47 AM
Lolololol
Yes G1 let’s set fire to Constitutional rights
Acquitted vs. Not Guilty – Is There a Difference?
Posted on August 17, 2020
While an acquittal is a general term for a not guilty verdict, there is a subtle difference between the two terms under criminal law. Not guilty means that a defendant is not legally answerable for the criminal charge filed against him/her. An acquittal is a finding by a judge or jury that a defendant is not guilty of the crime charged.
Note that an acquittal does not mean that the defendant is innocent in a criminal case. Rather, it means that the prosecutor failed to prove that the defendant was guilty “beyond a reasonable doubt.”
Note too that an acquittal is not the same thing as when charges get dismissed. A dismissal comes before a jury trial and usually takes place because:
the prosecutor does not believe there is enough evidence to support the case, or
the judge decides a case lacks credibility.
In a dismissal, the case against the defendant ends and he/she does not have to stand trial.
If a judge or jury acquits a defendant, then double jeopardy attaches and the defendant has a complete defense to an additional prosecution for the same offense in the same jurisdiction
Chico23231
04-08-2022, 12:39 PM
You’re such a good little Trumper using the constitution as a shiny object.
Hey Punch! Hope you are well. At least it’s Friday
Chico23231
04-08-2022, 12:41 PM
Good question, im a low rent ambulance chaser dont do criminal but youd think double jeopardy attaches.
Id say no. You can file an appeal but itd probably be DOA.
Thanks SS.
Giantone
04-27-2022, 04:21 PM
The Republican party is a shit show! I actual remember when people would be thrown out of Congress for shit like Jan 6th.
https://news.yahoo.com/mccarthy-feared-republican-lawmakers-put-113418203.html
Giantone
05-25-2022, 03:42 PM
How is trump not in Jail? If I joked about something like that the SS would come get my ass!
https://news.yahoo.com/trump-expressed-support-hanging-pence-173510960.html
Susan Walsh/AP Photo
Betsy Woodruff Swan and Kyle Cheney
Wed, May 25, 2022, 1:35 PM
The Jan. 6 select committee has heard testimony indicating that then-President Donald Trump — after rioters who swarmed the Capitol began chanting “hang Mike Pence” — expressed support for hanging his vice president, according to three people familiar with the matter.
The White House chief of staff at the time, Mark Meadows, was in the dining room off the Oval Office with Trump at one point during last year’s Capitol attack, the committee has been told. Meadows then left the dining room and informed other people nearby that Trump had signaled a positive view of the prospect of hanging the vice president, the panel heard.
Meadows’ account as it was described to the committee came after some members of the mob converging on the Capitol had broken into chants of “Hang Mike Pence!” Those chants were a reaction to Pence's decision to accept electoral votes that indicated Joe Biden had won the presidency.
POLITICO could not independently verify the veracity of the claim regarding Meadows’ comments.
Two of the people who spoke for this story said the committee has heard testimony on this topic from more than one person. All three people spoke on condition of anonymity.
mooby
06-10-2022, 09:31 AM
https://www.msn.com/en-us/news/politics/trump-says-ivanka-trump-doesnt-understand-elections-after-she-disowned-his-claim-that-the-2020-vote-was-stolen/ar-AAYiM31?li=BBnb7Kz
"My sweet, supple, perky, innocent daughter doesn't understand these highly complex elections and how the dingleberry Dems with their pea-brains could mastermind such a dastardly assault on democracy. But we won't let them! Trump 2020!"
sdskinsfan2001
06-10-2022, 09:35 AM
https://www.msn.com/en-us/news/politics/trump-says-ivanka-trump-doesnt-understand-elections-after-she-disowned-his-claim-that-the-2020-vote-was-stolen/ar-AAYiM31?li=BBnb7Kz
"My sweet, supple, perky, innocent daughter doesn't understand these highly complex elections and how the dingleberry Dems with their pea-brains could mastermind such a dastardly assault on democracy. But we won't let them! Trump 2020!"
Donald Trump and Dan Snyder must be great friends. They have so much in common.
punch it in
06-10-2022, 02:43 PM
https://www.msn.com/en-us/news/politics/trump-says-ivanka-trump-doesnt-understand-elections-after-she-disowned-his-claim-that-the-2020-vote-was-stolen/ar-AAYiM31?li=BBnb7Kz
"My sweet, supple, perky, innocent daughter doesn't understand these highly complex elections and how the dingleberry Dems with their pea-brains could mastermind such a dastardly assault on democracy. But we won't let them! Trump 2020!"
Imagine being so creepy that you refer to your daughter as supple and perky. He truly is the scum of the earth.
punch it in
06-10-2022, 03:43 PM
https://www.espn.com/nfl/story/_/id/34070358/washington-commanders-defensive-coordinator-jack-del-rio-fined-100000-comments-us-capitol-invasion-george-floyd-murder
Donating 100 k to the Capitol police fund for future “dust ups”. What an asshole.