Davin News Server

On 2024-12-18 20:24, AlleyCat wrote:
> 
> When Does a Conviction Start?
> 
> A conviction is generally effective on the date that the JUDGMENT OF
> CONVICTION is entered.

That was on May 30, when the jury verdict was announced.

Trump's lawyer made a motion to set aside that verdict and change the 
verdict to acquittal.

That motion was denied.

Decision and order, December 16, 2024:

'To evaluate each of those claims, it is important to understand the 
context of the unofficial acts for which Defendant [Trump] stands convicted'

'which formed the basis for 11 of the 34 counts he [Trump] was convicted of'

<https://www.nycourts.gov/LegacyPDFs/press/PDFs/CPL330.30Dec.pdf>

So if your claim is that he has to "enter a judgment of guilt" before 
Trump is actually convicted, those quotes disprove you.

> 
> In this article, we'll explain some of the important terms to
> understand, so you can investigate for yourself.
> 
> A "conviction" is the ultimate disposition of the case, the opposite
> of an acquittal (finding of not-guilty).
> 
> Practically, to be "convicted" the plea or determination of guilty
> has to be accepted or FOUND BY THE COURT.
> 
> But simply offering a plea of guilty at a hearing DOES NOT MEAN THAT
> THE "CONVICTION" HAS OCCURRED.
> 
> Generally, the resolution of the case has two stages: the plea part
> and the SENTENCING PART.
> 
> In many states, defendants have the right to request a break between
> the plea portion of the case and the sentencing portion of the case.
> 
> Sentencing is the part of the case where the judge tells you what
> your punishment is, and makes it official.
> 
> Once the plea has been made or found (after evidence), and the
> sentence has been recited by the judge to the defendant (and for the
> record), all of what has happened is reduced to written form.
> 
> This written document (which now many be digital instead of paper)
> is usually called THE JUDGMENT.
> 
> States may call it different things, such as a "disposition."
> 
> But in general, the final recitation of what happened at the plea
> hearing and the sentencing hearing has to be officially "entered" or
> "filed" with the court.
> 
> The "filing" or "entering" of the judgment in the record is usually
> done by a clerk of the court.
> 
> The magic of the "entering" is simply the clerk adding/updating the
> information in the system.
> 
> This should generally happen the same day at the sentencing hearing,
> but sometimes it may take a day or even a few days.
> 
> In most jurisdictions, the conviction date is the date of the
> OFFICIAL JUDGMENT.
> 
> In general, it is expected that the official JUDGMENT OF CONVICTION
> WOULD BE THE DATE OF SENTENCING, when the defendant's punishment
> became official.
> 
> After all, the defendant's punishment is effective pretty much as
> soon as the judge delivers it to the defendant, not the next day or
> days later when the clerk gets around to entering the information in
> the system.
> 
> But some jurisdictions might use the date that the judgment was
> entered by the clerk of the court into the court's official record
> system.
> 
> Is a guilty plea the same as a conviction?
> 
> An entry of a plea (guilty/no contest) DOES NOT MEAN THAT THE
> DEFENDANT HAS BEEN CONVICTED.
> 
> TO OBTAIN A CONVICTION, THE SECOND STEP OF THE PROCESS (SENTENCING)
> HAS TO HAPPEN FIRST.
> 
> Until sentencing, which can happen immediately next or months later,
> THE DEFENDANT IS NOT OFFICIALLY "CONVICTED."
> 
> When a Conviction Starts vs When the Sentence Begins
> 
> People searching for the date of their conviction are often looking
> for the beginning of their sentence (to find out when it ends).
> 
> They might also be looking for the conviction date to get an idea of
> when or whether a criminal conviction can be expunged.
> 
> Generally, in the legal world, we don't talk about when a conviction
> starts or stops.
> 
> Instead, we talk about the conviction date, and the length of the
> sentence (being it probation, jail, prison, parole, or post-prison
> supervision). Conflicting Information
> 
> You'll notice when you search around the internet that other
> websites state that a conviction occurs when the defendant is "found
> guilty" or "enters a plea."
> 
> These definitions are close but not entirely correct.
> 
> In any event, if you can't tell for sure when your conviction
> occurred, it is best to contact an attorney in your jurisdiction to
> get assistance.
> 
> =====
> 
> The judge hasn't entered the JUDGMENT OF GUILT yet, so no...
> CERTAINLY not a "convicted felon".
> 
> Rubenfeld emphasized that Trump is not yet a convicted felon because
> the judge has not entered a JUDGMENT OF GUILT.
> 
> See? Pansy-ass little child thinks he's smarter than a REAL lawyer.
> 
> Has the JUDGE entered a JUDGMENT OF GUILT? HAS he, Juan Merchan,
> approved the verdict and enter a final judgment?
> 
> Nope and nope, so no... Trump is still NOT A CONVICTED FELON.
> Doesn't REALLY matter though... does it? (see below)
> 
> You should simply have read this article which explains it... even
> in New York:
> 
> Rubenfeld emphasized that TRUMP IS NOT YET A CONVICTED FELON BECAUSE
> THE JUDGE HAS NOT ENTERED A JUDGMENT OF GUILT. He explained THAT IN
> NEW YORK, this judgment is expected to be entered on July 11, the
> same day as Trump's sentencing.
> 
> You lose again, loser.
> 
> https://www.msn.com/en-us/news/politics/why-donald-trump-isnt-a-
> convicted-felon-yet/ar-BB1no6oV
> 
> Until then, he remains NOT A CONVICTED FELON, but that could change
> depending on the outcome. Read more: What's Really Going On With
> Donald Trump's Marriage. Trump's Sentencing Isn't Until July 2024.
> 
> =====
> 
> According To One Legal Expert, Donald Trump Isn't A Convicted Felon
> 
> https://www.grunge.com/1593064/donald-trump-not-convicted-felon-
> heres-why/
> 
> May 31, 2024 - "FYI: due to odd quirk in the law, TRUMP IS NOT A
> 'CONVICTED FELON' UNTIL SENTENCING, which is July 11 - Th. You will
> hear that term a lot but it's legally inaccurate until July 11 -
> Th," he wrote. So far, a number of major publications have used such
> language in their stories about the Trump verdict, hence
> 
> =====
> 
> Donald Trump Isn't A Convicted Felon
> 
> Rubenfeld emphasized that TRUMP IS NOT YET A CONVICTED FELON because
> the judge has not entered a JUDGMENT OF GUILT. He explained that in
> New York, this judgment is expected to be entered on July 11, the
> same day as Trump's sentencing.
> 
> 
> https://www.msn.com/en-us/news/politics/why-donald-trump-isnt-a-
> convicted-felon-yet/ar-BB1no6oV
> 
> Until then, he remains NOT A CONVICTED FELON, but that could change
> depending on the outcome. Read more: What's Really Going On With
> Donald Trump's Marriage. Trump's Sentencing Isn't Until July 2024.
> 
> =====
> 
> According To One Legal Expert, Donald Trump Isn't A Convicted Felon
> 
> https://www.grunge.com/1593064/donald-trump-not-convicted-felon-
> heres-why/
> 
> May 31, 2024 - "FYI: due to odd quirk in the law, TRUMP IS NOT A
> 'CONVICTED FELON' UNTIL SENTENCING, which is July 11 - Th. You will
> hear that term a lot but it's legally inaccurate until July 11 -
> Th," he wrote. So far, a number of major publications have used such
> language in their stories about the Trump verdict, hence
> 
> =====
> 
> Donald Trump Isn't A Convicted Felon
> 
> Rubenfeld emphasized that TRUMP IS NOT YET A CONVICTED FELON because
> the judge has not entered a JUDGMENT OF GUILT. He explained that in
> New York, this judgment is expected to be entered on July 11, the
> same day as Trump's sentencing.
> 
> =============================================================================
> 
> 
> Why TRUMP CAN STILL RUN FOR PRESIDENT After His Conviction - NBC
> News
> 
> https://www.nbcnews.com/politics/donald-trump/trump-still-run-
> president-guilty-verdict-conviction-rcna154801
> 
> May 30, 2024 - Can Trump still run for president after his hush
> money conviction? The former president was convicted on 34 felony
> counts of falsifying business records and will be sentenced on July
> 11.
> 
> 
> =====
> 
> Can Trump Still Run For President? Can He Still Vote? - CNN
> 
> https://www.cnn.com/2024/05/30/politics/can-trump-still-run-for-
> president-what-matters/index.html
> 
> May 30, 2024 - Now that a New York jury has convicted former
> President Donald Trump of all 34 felony charges of falsifying
> business records, the next obvious question is: Can a convicted
> felon run for president?
> 
> The US Constitution lays out just three requirements for
> presidential candidates. They must:
> 
> Be a natural born citizen. Be at least 35 years old. Have been a US
> resident for at least 14 years.
> 
> Trump meets all three requirements.
> 
> =====
> 
> Trump Is Now A Convicted Felon: Can He Still Run For President? -
> USA TODAY -
> 
> https://www.usaToday - .com/story/news/politics/elections/2024/05/30/
> donald-trump-convicted-felony-president/73904298007/
> 
> May 30, 20241:09. Donald Trump is the first former president
> convicted of a crime in U.S. history, BUT IT WON'T STOP HIM FROM
> RUNNING FOR PRESIDENT AGAIN. His conviction on Thursday does not bar
> him from ...
> 
> =====
> 
> Trump Guilty Plea: Can He Still Run For President? Questions
> Answered
> 
> https://www.usaToday - .com/story/news/2024/05/31/donald-trump-
> guilty-what-happens-now-7-major-questions-answered-jail-president-
> vote-cohen- daniels/73920427007/
> 
> May 31, 2024 - Can Trump still run for president in 2024? Yes. The
> U.S. Constitution does not bar anyone from running for president
> after they become a felon. The only qualifications are the
> following:
> 
> Be a natural born citizen. Be at least 35 years old. Have been a US
> resident for at least 14 years.
> 
> Trump meets all three requirements.
> 
> =====
> 
> YES, INDICTED TRUMP CAN STILL RUN FOR PRESIDENT, But Winning Is
> A ...
> 
> https://www.npr.org/2023/03/22/1164822171/trump-run-president-
> campaign-arrest-charges-voters-indictment
> 
> Mar 22, 2023 - Yes, Trump can run for president. Fortunately for
> Trump, there's nothing in the Constitution prohibiting candidates
> with criminal records from holding office. In fact, an individual
> only has to be ...
> 
> =====
> 
> What Happens After Trump Is Convicted In NY Trial? | TIME
> 
> https://time.com/6980638/what-happens-if-donald-trump-convicted/
> 
> May 21, 2024 - CAN TRUMP STILL RUN FOR PRESIDENT? YES. A felony
> conviction will not disqualify Trump from continuing his
> presidential campaign, even if he were jailed.
> 
> =====
> 
> Could Trump Become President After Being Convicted Of A Crime? -
> Los ...
> 
> https://www.latimes.com/politics/story/2024-04-15/trump-trial-
> president-constitution-conviction
> 
> Apr 15, 2024 - Published April 15, 2024 Updated May 30, 2024 3:04 PM
> PT. WASHINGTON -. Donald Trump became the first former president to
> be convicted of felony crimes. A New York jury on Wednesday found
> him ...
> 
> COULD TRUMP BECOME PRESIDENT AFTER BEING CONVICTED OF A CRIME?
> 
> YES.
> 
> THERE'S NOTHING IN THE CONSTITUTION OR FEDERAL LAW THAT PREVENTS A
> FELON FROM HOLDING THE NATION'S HIGHEST OFFICE.
>