TX-Beau
FEAR THE LIBERAL DETENTE!
An appeal is an assertion of error in a trial. You don't get one just because you disagree with the verdict (unless there is a capital conviction). Tacopino is going to claim - well, I don't know. I didn't see his press conference this afternoon. Whatever it is, he's going to be saying that there was a problem with the way the trial was handled, and therefore, the verdict should be set aside.
The problem is going to be that Tacopino decided not to present a defense, and the Trial judge bent over backward to give Toad an opportunity that he then ignored, and then started whining after it was all over. If Tacopino says that he was not given due process in any way, that's dead in the water because of his own client. If he claims some kind of bias on the part of the court, he will have to demonstrate that the judge put undue pressure on the jury in some way to alter their verdict. That also is going to be problematic since it didn't happen. What's left is some kind of procedural error - technicality, missed filing deadlines, unfairly excluded witnesses, or my personal favorite, admission of evidence either unlawfully obtained, or unlawfully presented.
This almost always fails. It's also possible that the appeals court could rule that there was an error that did not affect the verdict and give relief narrowly without touching the verdict or damages.
What will happen is that the appeals court will decide if there are any grounds for a new trial or dismissal. We are usually talking about cases in this fashion that challenge some facet of existing law, with the potential to change the law in some way, those kind of appeals will be heard because there is an underlying question of Constitutionality. This is not one of those cases.
The only thing at issue here is the Toad wanting a campaign grievance.
The problem is going to be that Tacopino decided not to present a defense, and the Trial judge bent over backward to give Toad an opportunity that he then ignored, and then started whining after it was all over. If Tacopino says that he was not given due process in any way, that's dead in the water because of his own client. If he claims some kind of bias on the part of the court, he will have to demonstrate that the judge put undue pressure on the jury in some way to alter their verdict. That also is going to be problematic since it didn't happen. What's left is some kind of procedural error - technicality, missed filing deadlines, unfairly excluded witnesses, or my personal favorite, admission of evidence either unlawfully obtained, or unlawfully presented.
This almost always fails. It's also possible that the appeals court could rule that there was an error that did not affect the verdict and give relief narrowly without touching the verdict or damages.
What will happen is that the appeals court will decide if there are any grounds for a new trial or dismissal. We are usually talking about cases in this fashion that challenge some facet of existing law, with the potential to change the law in some way, those kind of appeals will be heard because there is an underlying question of Constitutionality. This is not one of those cases.
The only thing at issue here is the Toad wanting a campaign grievance.
