#appeals court
#appeals court

New York appeals court rejects Donald Trump's third request to delay Monday's hush money trial

Trump's appeal to delay hush money trial denied, facing upcoming legal proceedings.

Trump's legal team challenges trial judge's decisions and seeks postponement based on strategic reasons. [ more ]

SFGATE

1 month ago

SF real estate

Donald Trump Could Lose These New York Properties If He Doesn't Pay Fraud Judgment

Trump's real estate portfolio safe for now with a 10-day extension to pay $175 million bond.

Trump's assets might be forced to be sold off to gather funds due to the $454 million judgment. [ more ]

www.npr.org

Trump unable to post $450M bond in New York fraud case, his lawyers say

Coming up with a $454 million bond is challenging for Trump's lawyers due to the rejection of real estate holdings as collateral.

Trump's legal team argues the judgment amount is unconstitutionally high, facing difficulty in finding a bond through brokers. [ more ]

www.nytimes.com

Supreme Court Gives Prosecutors a Week to Respond in Trump Immunity Case

The Supreme Court has given special counsel Jack Smith a week to respond to Donald Trump's emergency application to halt an appeals court's ruling.

The trial against Donald Trump could be pushed into the heart of the 2024 campaign if the Supreme Court does not move quickly. [ more ]

www.nytimes.com

US Elections

Trump's Argument for Immunity in 2024 Is the Opposite of His Stance in 2021

Former President Donald J. Trump is facing skepticism from judges over his immunity claims in a recent appeals court appearance.

The judges questioned why Trump seemed to have reversed his position on whether he could face criminal prosecution after leaving office. [ more ]

www.nytimes.com

Europe news

Wednesday Briefing

Appeals court unlikely to rule in Trump's favor on immunity from prosecution

The issue of immunity is likely to reach the Supreme Court [ more ]

moredonald-trump

The Mercury News

Court reverses Pittsburg murder convictions, says judge allowed DA to excuse jurors based on race

Appeals court overturned murder convictions due to potential racial bias in jury selection.

Defendants may face retrial or plea deal negotiations following the reversal of their murder convictions. [ more ]

Donald Trump

www.nytimes.com

Trump Again Barred From Insulting Court Staff in Civil Fraud Trial

An appeals court reinstated a gag order on Donald Trump, barring him from attacking court staff in his civil fraud trial in New York.

Trump has already violated the order twice and incurred $15,000 in fines.

The order was originally implemented after Trump attacked the judge's law clerk on social media. [ more ]

www.mediaite.com

Trump White House Lawyer Says Ex-President Will Go to Jail Because His Narcissism Will Get the Best Of Him'

Former Trump lawyer predicts appeals court will uphold gag order in Trump's criminal case.

Cobb believes Trump's narcissism will lead him to violate the gag order and potentially end up in jail. [ more ]

www.mediaite.com

That's Not What I Am Asking!' Appeals Judges Repeatedly Scold Trump Attorney in Heated Hearing

Donald Trump's legal team faced difficulties in lifting the gag order preventing him from publicly disparaging those involved in his election interference case.

The D.C. Circuit Court of Appeals has yet to rule on the appeal regarding the gag order on Donald Trump's speech.

The legal team argued that the gag order would still be unconstitutional even if Trump were not running for office. [ more ]

www.nytimes.com

6 months ago

US Elections

Federal Prosecutors Make Their Case for Gag Order on Trump

Prosecutors are requesting the approval of a gag order on former President Donald Trump in his federal election interference case, citing the dangers of his aggressive public statements.

Prosecutors argue that Trump's history of targeting adversaries on social media has led to harassment, threats, and intimidation against those involved in the election interference case.

The court is set to hear oral arguments about the gag order next week. [ more ]

moreDonald Trump

ABA Journal

1 week ago

As judgment preservation insurance gains steam, appellate decision leaves insurers 'on the hook' for millions

Judgment preservation insurance is gaining popularity in the legal industry, providing coverage if a judgment is overturned on appeal. [ more ]

IPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms Albright Rulings in Alexa Shopping List Patent Suit

Key issue: 'identify an item' in patent infringement case

Lack of claim construction at District Court impacts appeal on noninfringement [ more ]

Chicago Tribune

Illinois appeals courts see 'dramatic increase' in cases following elimination of cash bail

The Pretrial Fairness Act in Illinois, which abolished cash bail, has led to an increase in pretrial appeals of detention decisions.

The state's highest court has created a task force to examine the increase in cases sent to appellate courts. [ more ]

Truthout

Appeals Court Upholds Block of Texas Law Requiring Ratings for School Library Books

A federal appeals court has affirmed that a Texas law requiring ratings on books sold to school libraries is unconstitutional.

The law, titled the 'Restricting Explicit and Adult-Designated Educational Resources Act,' would likely result in bans on literary classics and books depicting LGBTQ characters. [ more ]

The Seattle Times

Panel of judges says a First Amendment challenge to Maryland's digital ad tax should be considered

A federal appeals court has directed a lower court to consider the merits of a challenge to Maryland's digital advertising tax on First Amendment grounds.

The other three challenges to the tax should be dismissed, according to the appeals court. [ more ]

www.nytimes.com

Here's the latest on the arguments.

Judge Karen L. Henderson, a Republican appointee, will be on the panel hearing arguments on Trump's claim of immunity from prosecution.

Henderson has been more willing than her colleagues to rule in favor of Trump in previous cases. [ more ]

The Hill

NYC politics

Appeals court rules NYC law allowing noncitizens to vote in local elections violates state constitution

Noncitizens voting law in NYC declared unconstitutional by appeals court

Win for those opposing the law including Rep. Malliotakis and Council Republican leader Borelli [ more ]

Axios

Mexican government can sue U.S. gun makers, appeals court rules

A lawsuit filed by Mexico against American gun makers can proceed, according to a U.S. appeals court ruling.

The court's decision is significant because it upholds the right of a sovereign country to sue the gun industry and holds gun manufacturers liable for facilitating gun violence. [ more ]

www.nytimes.com

Trump Claims Immunity Extends Even to Acts That Cross the Line'

Donald J. Trump argues that American presidents should have complete immunity from prosecution, even for acts that cross the line.

Trump's statements contradict legal arguments made by his lawyer in his current federal indictment case.

The appeals court panel expressed skepticism about Trump's immunity arguments and may rule against him. [ more ]

www.esquire.com

Capitol Police Filed Lawsuit Against Trump and His Minions for January 6

The federal Appeals Court for the D.C. Circuit has yet to rule on lawsuits filed against former President Trump and his associates regarding the January 6th Capitol attack.

The court's ruling could impact Trump's criminal cases as he is raising similar immunity defenses.

The delay in the court's decision has raised questions, with legal experts unable to explain the reasons behind it. [ more ]

www.mercurynews.com

Federal appeals court deals blow to Voting Rights Act

A federal appeals court ruled that private individuals and groups cannot sue under Section 2 of the Voting Rights Act, potentially eroding protections under the law.

The court found that only the U.S. attorney general can enforce Section 2, which requires political maps to include districts where minority populations' preferred candidates can win elections.

The decision affirmed a lower judge's decision to dismiss a case brought by the NAACP and the Arkansas Public Policy Panel. [ more ]

Sacramento Bee

California

Last-minute appeals court ruling widely limits concealed weapons permits in California

A new California law restricting where concealed weapons may be carried is now in effect.

The law prohibits carrying concealed firearms in places like government buildings, schools, airports, churches, and bars. [ more ]

www.aljazeera.com

US appeals court allows California to ban guns in most public places

A federal appeals court in the US has temporarily suspended a judge's ruling that declared California's gun ban law unconstitutional.

The law, which was set to take effect at the beginning of 2024, prohibits carrying guns in most public places in the state. [ more ]

english.elpais.com

Appeals court again upholds gag order barring Donald Trump from commenting about judge's staff

A New York appeals court has upheld a gag order on Donald Trump in his civil fraud trial.

Trump's lawyers used the wrong legal mechanism to fight the restriction. [ more ]

Above the Law

How Appealing Weekly Roundup

The mods of Reddit's r/law and r/scotus filed an amicus brief in the Netchoice case.

Trump appeals Jan. 6 immunity ruling, potentially delaying trial until after the 2024 election. [ more ]

www.mercurynews.com

Court upholds most of Trump gag order in election subversion case

An appeals court has upheld the gag order against former President Donald Trump in the federal election subversion case, preventing him from talking about witnesses and prosecutors.

The court's decision does not apply to comments made about special counsel Jack Smith, a change from the original gag order. [ more ]

www.mediaite.com

No One Is Above The Law': CNN Legal Expert Trashes Trump's Immunity Appeal Just Minutes After It's Filed

Former President Donald Trump's presidential immunity argument in his January 6th DC trial is likely to fail on appeal.

Presidential immunity, which is used to protect the president from civil lawsuits while in office, has not been tested for criminal charges. [ more ]

www.theguardian.com

Chicago

Jussie Smollett conviction over staged attack upheld by Illinois court

Jussie Smollett's disorderly conduct convictions have been upheld by an appeals court.

Smollett claimed he was the victim of a racist, homophobic attack but was accused of staging it and lying to police. [ more ]

Slate Magazine