#juryinstructions — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #juryinstructions, aggregated by home.social.
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FTX Co-Founder Sam Bankman-Fried Seeks Retrial, Alleges Legal Errors - Sam Bankman-Fried, co-founder of FTX, has filed an appeal against his conviction, ... - https://news.bitcoin.com/ftx-co-founder-sam-bankman-fried-seeks-retrial-alleges-legal-errors/ #excludedevidence #juryinstructions #sambankman-fried #financialfraud #legalerrors #conviction #retrial #appeal #trial #news #ftx
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Marc F. Scholl, who served in the Manhattan DA’s office for nearly 4 decades, specializing in white-collar crimes & appeals, said: “Recently, there has been some slight loosening about whether it can be done w/ the defense’s consent, but it remains a minefield that judges do not want to risk.”
#criminal #law #Trump #TrumpTrial #Deliberations #JuryInstructions #CatchAndKill #conspiracy #ElectionInterference #HushMoney
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Why #jurors in the NY #criminal #TrumpTrial can’t have a copy of the #JuryInstructions:
The prohibition against jurors being provided a copy of written #legal instructions comes from a 1987 decision by the #NewYork Court of Appeals in #PeopleVOwens.
The court found that “the distribution of written instructions to the jury is not expressly authorized by #law, & error in such submissions cannot be deemed harmless,” meaning: providing instructions would result in a #conviction being #overturned.
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As Justice #Merchan re-reads the #JuryInstructions, #Trump has had his eyes closed, & his chin has sometimes slumped to his chest. At other times, his head has been fallen backwards — just waiting for his mouth to drop open & let flies enter. #NodFarter
Merchan is now in the middle of p 17 of the instructions, explaining jurors can consider whether any #witness would benefit from his or her own #testimony. (hmm)
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#TrumpTrial Thurs 30 May 2024 🧵#Deliberations continue
Justice #Merchan says he believes that the #jury wants him to repeat a significant portion of the #JuryInstructions.
He will read pages 6-35.
Each page yesterday took him just a little more than a minute, so this will take >30 mins.
Between that & the testimony readbacks, also expected to take >30 mins, there will likely be >1 hour this morning w/the jury in the courtroom, not actively deliberating.
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The #jurors returned, & Justice Merchan reads the 2 notes they sent aloud to them as they sit in the #jury box.
#Merchan says the readback of the relevant testimony, which has not yet been located, will take ~30 mins. He asks them whether they want to hear all of the #JuryInstructions again, or part of them. He says that they can discuss that in private.
Then, Merchan dismisses the jury for the day.
No #verdict today — not that I expected one.
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Tues 29 May 2024 🧵
Good morning! It’s the last day of the #TrumpTrial before jury #deliberations.
Today Justice #Merchan will give #JuryInstructions. Then they will discuss the case among themselves for the first time; they have not been allowed to even discuss it w/each other as yet.Closing arguments took place yesterday, & the lawyers will have no further opportunity to address the jurors before they determine whether #Trump is #guilty or not guilty of 34 felonies.
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Justice #Merchan tells the attys he will get them a final version of the #JuryInstructions by end of the day Thurs.
Court is adjourned.
Testimony in the #TrumpTrial is over.
The jury will be back in a week for closing arguments.
Thanks for reading 🥰
#criminal #law #Trump #CatchAndKill #conspiracy #ElectionInterference #MobTactics #GagOrder #StochasticTerrorism #StormyDaniels #KarenMcDougal #NodFarter
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And there it is, #Merchan signifies he’s losing patience w/ Bove as he continues to argue a decided issue. Bove insists it’s important, & generously Merchan gives him another chance to speak. But now Merchan repeats his previous decisions on the issue above is harping on, namely that #MichaelCohen was #Trump’s atty when the charged conduct took place.
[this should not be an issue in any court. It’s called #TheCrimeFraudException to
#AttorneyClientPrivilege.] -
Defense argues that to reach a #guilty #verdict jurors MUST not only to agree #unanimously that #Trump had falsified records to conceal a #conspiracy to win an election by unlawful means, but also jurors must be unanimous on what the #UnlawfulMeans are; making reaching a verdict nearly impossible.
Trump's attys argued that while that unanimity is not required by #law, Justice Merchan can use his discretion in asking for it.
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Prosecutor #Colangelo argues that “acting in concert w/someone” is separate from the concept of “cause” & is not redundant.
(That actually helps, so maybe it should be in the #JuryInstructions, right?)
Defense may lose a key argument:
They wanted jurors to be told that they HAD TO find #Trump had some #intent to enter the #conspiracy w/ David #Pecker ( #NationalEnquirer) & #MichaelCohen. -
Justice Merchan hears arguments re the expanded #intent #JuryInstructions.
He indicates agreement w/the defense on causing false entries when those false entries are “reasonably foreseeable” to the defendant based on his conduct.This is related to “#intent to commit or conceal another #crime” — the 2nd crime issue.
Prosecutor #Colangelo argues case #law supports the prosecution.
#Trump atty Bove says the DA’s theory is = to "causing the causer."
(Seriously, no idea wtf he means) -
After arguing for 5 mins, a word in the #JuryInstructions is now plural — “crime” is now “crimes”
Defense & prosecution debate if the instructions should be available to the #public & #press.
(#Trump is asleep — #NodFarter)
Justice #Merchan jokes they’ll next address “the most challenging issue” — how to pronounce a word.
He spelled out “eleemosynary,” which means having to do w/charity.
“Why do we even have it?” Merchan asked. The lawyers don’t know, & it’s removed.
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Defense proposes #JuryInstructions on campaign finance law “#FECA” (federal election campaign act) must include the word "willfully" to specify a #criminal violation.
The 34 falsifying business records charges against #Trump are #felony charges bc prosecutors say he used the false records to try to conceal a 2nd #crime.
That 2nd crime, prosecutors specified, is a violation of a state #ElectionLaw that forbids a person from seeking election by “unlawful means.”
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The afternoon session is beginning.
#Trump is back w/his posse, including #DonaldTrumpJr; #ChuckZito, the fmr #HellsAngel ldr; & the actor #JoePiscopo.
Justice #Merchan asks the defense to argue on behalf of one of its many requests: to add the word “willfully” in 2 places to the #JuryInstructions on a federal #ElectionLaw which isn’t charged.
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The judge reminds #jurors that they should not discuss the case or read the news about the trial in the meantime.
Court is adjourned until the afternoon when it’s expected that prosecutors & defense lawyers will srgue for their preferred versions of the #JuryInstructions during a “charging conference”.
Justice #Merchan may also rule on the defense lawyers' latest attempt to #dismiss the case, which they made in a motion yesterday.