Yep. Those don't get filed very often and are rarely granted but unless the appellate court are all Orange Man Baddies, this is straight forward.

Sh!T or get off the pot.

(11-25-2024 12:08 PM)rath v2.0 Wrote:  Yep. Those don't get filed very often and are rarely granted but unless the appellate court are all Orange Man Baddies, this is straight forward.

Sh!T or get off the pot.

Well, as long as they get to the appeal stage, they can eventually overcome any more foot dragging right up to SCOTUS, correct?

A writ of mandamus is just a higher court requiring that the lower court judge take some action. It's not telling them what to decide necessarily, it just tells them that what they are doing is incorrect.

In this instance it would be telling him to move the case forward or to dismiss. Letting it sit in limbo neither serves the interests of the People of New York nor respects the defendant's constitutional rights.

I posted this about a week back but was unsure if it could be used for this or not. I thought it should, especially since A) there is no need for a delay because Trump's not the president yet and the sentencing was supposed to already happen and B) delaying for years would be a violation of several of Trump's rights.

(11-25-2024 12:36 PM)rath v2.0 Wrote:  A writ of mandamus is just a higher court requiring that the lower court judge take some action. It's not telling them what to decide necessarily, it just tells them that what they are doing is incorrect.

In this instance it would be telling him to move the case forward or to dismiss. Letting it sit in limbo neither serves the interests of the People of New York nor respects the defendant's constitutional rights.

Thanks. Okay, so hopefully they file and get this over with, one way or the other.

Greg Jarrett on Fox, the legal eagle, said Merchan is stalling b/c he knows it will be overturned on appeal.

Like I said at the time, delaying was the best move the prosecution could make. By doing that, Trump would have to carry the title "convicted felon" throughout his term as president. If they force the sentencing, then they can immediately appeal and most likely have the convictions overturned.

(11-25-2024 01:16 PM)TripleA Wrote:  

(11-25-2024 12:36 PM)rath v2.0 Wrote:  A writ of mandamus is just a higher court requiring that the lower court judge take some action. It's not telling them what to decide necessarily, it just tells them that what they are doing is incorrect.

In this instance it would be telling him to move the case forward or to dismiss. Letting it sit in limbo neither serves the interests of the People of New York nor respects the defendant's constitutional rights.

Thanks. Okay, so hopefully they file and get this over with, one way or the other.

Greg Jarrett on Fox, the legal eagle, said Merchan is stalling b/c he knows it will be overturned on appeal.

One more thing about a Writ of Mandamus...they are incredibly embarrassing to the jurist when issued.

It's sort of like making a judge wear a dunce cap. Another reason they are rare...you have to be a real doofus to have one granted.

(11-25-2024 02:35 PM)rath v2.0 Wrote:  

(11-25-2024 01:16 PM)TripleA Wrote:  

(11-25-2024 12:36 PM)rath v2.0 Wrote:  A writ of mandamus is just a higher court requiring that the lower court judge take some action. It's not telling them what to decide necessarily, it just tells them that what they are doing is incorrect.

In this instance it would be telling him to move the case forward or to dismiss. Letting it sit in limbo neither serves the interests of the People of New York nor respects the defendant's constitutional rights.

Thanks. Okay, so hopefully they file and get this over with, one way or the other.

Greg Jarrett on Fox, the legal eagle, said Merchan is stalling b/c he knows it will be overturned on appeal.

One more thing about a Writ of Mandamus...they are incredibly embarrassing to the jurist when issued.

It's sort of like making a judge wear a dunce cap. Another reason they are rare...you have to be a real doofus to have one granted.

that was my take ... @theNunAndTheRuler

(11-25-2024 01:16 PM)TripleA Wrote:  

(11-25-2024 12:36 PM)rath v2.0 Wrote:  A writ of mandamus is just a higher court requiring that the lower court judge take some action. It's not telling them what to decide necessarily, it just tells them that what they are doing is incorrect.

In this instance it would be telling him to move the case forward or to dismiss. Letting it sit in limbo neither serves the interests of the People of New York nor respects the defendant's constitutional rights.

Thanks. Okay, so hopefully they file and get this over with, one way or the other.

Greg Jarrett on Fox, the legal eagle, said Merchan is stalling b/c he knows it will be overturned on appeal.

Of course. Wasn't even a State law, but smirky allowed it anyway. "Bootstrapped" it I think is how they put it.

Not just overturned on appeal, this joker (mean that literally) could well find himself on the opposite side of the dais in the near future.

Only be fitting.

(11-25-2024 02:31 PM)memtigbb Wrote:  Like I said at the time, delaying was the best move the prosecution could make. By doing that, Trump would have to carry the title "convicted felon" throughout his term as president. If they force the sentencing, then they can immediately appeal and most likely have the convictions overturned.

he's not a convicted felon.

(11-26-2024 08:23 AM)UofMstateU Wrote:  

(11-25-2024 02:31 PM)memtigbb Wrote:  Like I said at the time, delaying was the best move the prosecution could make. By doing that, Trump would have to carry the title "convicted felon" throughout his term as president. If they force the sentencing, then they can immediately appeal and most likely have the convictions overturned.

he's not a convicted felon.

Correct. You have to be formally sentenced first.

(11-26-2024 02:05 PM)TripleA Wrote:  

(11-26-2024 08:23 AM)UofMstateU Wrote:  [quote='memtigbb' pid='19897126' dateline='1732563067']
Like I said at the time, delaying was the best move the prosecution could make. By doing that, Trump would have to carry the title "convicted felon" throughout his term as president. If they force the sentencing, then they can immediately appeal and most likely have the convictions overturned.
[/quote ]
he's not a convicted felon.

Correct. You have to be formally sentenced first.

I’m not sure you are a convicted anything until all appeals are exhausted.

(11-26-2024 03:06 PM)Owl 69/70/75 Wrote:  

(11-26-2024 02:05 PM)TripleA Wrote:  

(11-26-2024 08:23 AM)UofMstateU Wrote:  [quote='memtigbb' pid='19897126' dateline='1732563067']
Like I said at the time, delaying was the best move the prosecution could make. By doing that, Trump would have to carry the title "convicted felon" throughout his term as president. If they force the sentencing, then they can immediately appeal and most likely have the convictions overturned.
[/quote ]
he's not a convicted felon.

Correct. You have to be formally sentenced first.

I’m not sure you are a convicted anything until all appeals are exhausted.

We had this discussion earlier somewhere, and somebody looked it up. I also heard Judge Jeanine say it on Fox.

But even if you are counted as convicted after sentencing and before an appeal, it gets erased if the appeal is upheld. We all know that verdict will be overturned at some point in the appeals process.