Stewart and Bacanovic have a difficult task, outside lawyers said. Appeals judges review most issues against the standard of whether the trial judge abused his or her discretion, a very tough benchmark to meet.
Martha Stewart's Appeal Won't Be Easy
Still, lawyers say it will be an uphill battle in the Second U.S. Circuit Court of Appeals, which overturns fewer than 10% of appealed convictions. Moreover, many observers believe U.S. District Judge Miriam Goldman Cedarbaum didn't make a lot of mistakes that would support an appeal.
I've not heard or read any lawyer or article say that anything the jury does can be grounds for appeal.
How about posting a link to an article that states that.
And do you realize that even if they were able to convince an appeals court that the judge made a procedural mistake that means she would have a new trial which means the original charges (including the ones the judge threw out) are heard all over again. If the new trial turns out badly, Martha could be facing MORE prison time than she is now. It's a huge gamble.
I'm fascinated by these arguments of class envy, vindictiveness, and jealousy.
Now this I just do NOT understand. Jealousy of what? Vindictiveness towards what?
How is it that Martha - or anyone, for that matter - can be elevated in someone's mind to a position of such worthiness that it can be said that other individuals are not even worthy of shining her shoes? What kind of class-ism is this? This sounds straight out of a caste system.
Some are worthy of worship, others are delegated to being on their knees groveling before the goddess. There's lots of groveling going on on these threads, that's for sure.