this post was submitted on 02 Oct 2023
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[–] [email protected] 5 points 11 months ago (1 children)

This oversight was first reported over two weeks ago, yet he hasn’t mentioned it or taken action in any way. Wonder if that would have an effect on such an appeal.

[–] [email protected] 2 points 11 months ago (1 children)

I don't think it would because it is unlikely this case would have been granted a jury trial anyway due to New York law. There are specific requirements for requesting a civil jury trial in New York, and all the legal analysis I have seen has suggested they would not have met that bar.

Jury Trials are onerous on the public and the judicial system, but are fundamentally necessary as well as guaranteed in criminal proceedings. However, for civil matters that is the exception rather than the rule.

[–] [email protected] 2 points 11 months ago (1 children)

Interesting, I hadn’t heard the possibility that he may have been denied a jury until now. Maybe that’s why he’s been quiet about it (until now of course.)

[–] [email protected] 1 points 11 months ago (1 children)

It wasn't denied, his attorney's never requested one in the first place. It is unlikely it would have been granted even if they had due to the aforementioned reasons. However, that has not stopped Trump from saying he was "denied" a jury trial which is just patently false.

[–] [email protected] 2 points 11 months ago (1 children)

Yes, I know he failed to request one, I broke the story here on Lemmy over two weeks ago

https://reddthat.com/comment/3313060

I meant that it never occurred to me that if they had requested one properly, that he might be denied and have to have a bench trial anyway.

[–] [email protected] 2 points 11 months ago (1 children)

I see, my bad. Was just confused by the verbiage.

[–] [email protected] 2 points 11 months ago

No worries, I probably could have phrased it better.