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SCOTUS Ruling Deems Trump’s New York Conviction Unconstitutional on Two Key Grounds
The People's Voice ^ | June 25, 2024 | Staff

Posted on 06/25/2024 9:17:23 AM PDT by Red Badger

The Supreme Court of the United States (SCOTUS) delivered two precedent-setting rulings that could significantly impact former President Donald Trump’s criminal convictions.

In a decisive 6-3 decision in the Erlinger vs United States case, the Supreme Court ruled that juries must be unanimous on each criminal count, a standard not met in Trump’s New York case, where the jury returned a 4-4-4 verdict on the underlying crime.

This ruling underlines that Trump’s conviction was unconstitutional and must be overturned. During Trump’s New York trial, the judge had instructed the jury that unanimity on the specific crimes was unnecessary, as long as they agreed that a crime had taken place.

Additionally, SCOTUS ruled that sentencing enhancements cannot be arbitrarily implemented by judicial fiat, further solidifying the protections against unjust legal procedures.

These rulings have profound implications for Trump’s legal battles, particularly the controversial case led by Manhattan District Attorney Alvin Bragg, and the bogus J6 1512(c) charges and sentencing enhancements that corrupt federal judges have announced they will implement if the Supreme Court nukes 1512(c).

The Supreme Court’s decisions underscore the necessity for unanimous jury verdicts in criminal convictions and proper judicial processes in sentencing enhancements, casting doubt on the validity of current and future proceedings against Trump.


TOPICS: Breaking News; Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: bloggers; fakenews; gatorplant; immunity; reversibleerror; scotus; scotustrump; scouts; soctustrump; supremecourt; trump; trumppersecution; trumpscotus; trumpwasright; unanimous; unconstitutional
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To: cdnerds
Unless they have 2/3s of the senate there is NOTHING they can do to SCOTUS.

Do you think the Constitution means anything to the deep state?

121 posted on 06/25/2024 11:51:02 AM PDT by DouglasKC
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To: Magnum44

Because NY will just ignore this ruling since it does not explicitly mention Trump.


122 posted on 06/25/2024 11:55:00 AM PDT by pas
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To: CraigEsq

Unfortunately this is a nonsense article.

Erlinger vs United States Has nothing to do with the jury instructions.

I forgot “People’s Voice” is deep state disinformation.


123 posted on 06/25/2024 12:05:14 PM PDT by ifinnegan (MDemocrats kill babies and harvest their organs to sell)
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To: Labyrinthos
The opinion is significant because it provides NY courts with a binding precedent that should result in reversal of the verdict, without requiring Trump to take the case to the SCOTUS, which could take months or years.

I'm trying to get my head around where the significance specifically applies. Is it the "sentence enhancement" part?

My uneducated first take is that the "underlying crime" was used as a means to enhance misdemeanors to felonies (which he was found unanimously guilty on). Therefore, those "underlying crimes" SHOULD have been tried in their own right in front of a jury, returning a unanimous verdict, in order to justify the enhancement of the 35 OTHER charges to felony-level.

I don't think Trump was convicted of the so-called "underlying crime". Not unanimously, not "4-4-4", not at all. The judge's instruction was simply that the jury had to agree that some sort of underlying crime existed. This simple agreement, rather than an actual conviction, lead to the charges being enhanced without due process.

Am I in the right ballpark here? You sound pretty smart. Please help me not look stupid when I'm discussing this over a beer with my friends.
124 posted on 06/25/2024 12:05:16 PM PDT by mmichaels1970
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To: DouglasKC
If that didnt matter to them - they would have packed the court already. So yes, they have limits. They also know it swings both ways.
125 posted on 06/25/2024 12:08:38 PM PDT by cdnerds (Vapingunderground)
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To: Red Badger
I'm sure if there is any basis in what you say his lawyers will know what to do.
126 posted on 06/25/2024 12:10:03 PM PDT by cdnerds (Vapingunderground)
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To: Red Badger

Under Bragg’s theory, Trump did not even have to have committed a crime. He merely had to think he was covering up a crime, whether it was illegal or not.

So, no, this ruling does nothing (in the fantasy land where this nonsense prosecution exists).


127 posted on 06/25/2024 12:13:19 PM PDT by MeanWestTexan (Sometimes There Is No Lesser Of Two Evils)
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To: Magnum44

For Trump, this is an argument that his lawyers can add to his appeals, but its not going to bitch slap Bragg, not yet anyway.>>>>>>>>>>>>>>>>>>>>

YOu are 100% correct.

I await the immunity case. it may be much more important.


128 posted on 06/25/2024 12:14:48 PM PDT by Candor7 (Ask not for whom the Trump Trolls,He trolls for thee!),<img src="" width=500</img><a href="">tag</a>)
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To: Magnum44

Read the article carefully. No decision on Trump’s conviction has been rendered. This is basically an opinion article that cites precedent that should figure in the Supreme Court’s decision. It cites the factors which should mean an overthrow of the conviction.


129 posted on 06/25/2024 12:16:46 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: Red Badger

Almost good news...
Will it cause the communists to pause?

IMHO, the off-hand manner in which NY has handled several 2A decisions by SCOTUS makes me think that nothing will change...
Trump will get a 4-6 year sentence...


130 posted on 06/25/2024 12:16:56 PM PDT by SuperLuminal ( Where is Samuel Adams when we so desperately need him)
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To: lastchance

If you read down thread, I state exactly that many times.


131 posted on 06/25/2024 12:19:00 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: cdnerds; DouglasKC

He posted that they need 2/3. Would the senate need to change the senate rules to change the number of justices in SCOTUS?


132 posted on 06/25/2024 12:31:01 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: DiogenesLamp

“Not regarding the specific charges. It was all over the place.”

On the specific charges it was unanimous.


133 posted on 06/25/2024 12:45:16 PM PDT by TexasGator
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To: Red Badger

Have another Twinkie, Alvin! Or two. Or three Or....


134 posted on 06/25/2024 12:48:12 PM PDT by Impala64ssa (Laiken Riley is my daughter!)
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To: TexasGator
On the specific charges it was unanimous.

Right. So the issue here is with the "underlying crime" that he was never convicted of or even tried for. The underlying crime was used to enhance the charges from misdemeanor to felony right? And the jury was specifically instructed that they did not even need to unanimously agree on a specific underlying crime to determine that one had occurred.

That's where this ruling holds sway right? That they couldn't have enhanced these charges without convicting him, unanimously, of the crime(s) they claimed caused the enhancement in the first place.

Am I getting that right?
135 posted on 06/25/2024 12:55:41 PM PDT by mmichaels1970
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To: dangus

It opens the conviction up for another type of appeal. It may even force a “stay” of any criminal sentencing if this judge decides to try to put Trump in jail.


136 posted on 06/25/2024 1:03:34 PM PDT by monkeyshine (live and let live is dead)
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To: alloysteel

And even if there was an underlying crime, he has yet to be convicted of that crime, so there is nothing that could be used as the underlying crime as the basis for the felony upgrade.


137 posted on 06/25/2024 1:11:21 PM PDT by kneedragger111
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To: Red Badger
Good news is always welcome.

Thanks, Red....

138 posted on 06/25/2024 1:14:43 PM PDT by Churchillspirit (Pray for President Trump)
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To: mmichaels1970

“That’s where this ruling holds sway right? .... Am I getting that right?”

Going only on the OP, no.

The underlying crime was not one of the counts.

” the Supreme Court ruled that juries must be unanimous on each criminal count”


139 posted on 06/25/2024 1:18:48 PM PDT by TexasGator
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To: ifinnegan; CraigEsq
You're nuts; this has been fact-checked. ;)


140 posted on 06/25/2024 1:19:13 PM PDT by Mr.Unique (My boss wants me to sign up for a 401K. No way I'm running that far! )
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