Lawyer question: "Can the traitor appeal ANY AND ALL legal cases, criminal and civil, to the SC?"

[Eliot Rosewater]

If convicted of tax evasion in NY, can that be appealed all the way to the SC?

If convicted of Espionage, can that be appealed all the way to the US SC?

GA election fraud case?

Insurrection?

Please say no...you know why it has to be no, right?

[Effete Snob]

1. It's not that simple

However, any claim that a defendant’s federal Constitutional rights have been violated does have a pathway to the Supreme Court, which is not required to accept and hear it.

There are people who believe it should not work this way. Historically, on a scale of “since the early 1950’s”, those people have been racists and conservatives.

This is a picture of people who do not believe the Supreme Court should have the ultimate say over state government decisions:

[Eliot Rosewater]

3. I understand, but let me make a prediction. If there is any conviction of the traitor

they will hear it and those 5 will ignore the evidence and find for trump.

I want to be wrong, but...

Who decides if the court hears a case, do they vote? Uh oh, I bet I know that one too.

[Effete Snob]

4. They've ruled against him several times

They don’t owe him anything.

[Eliot Rosewater]

5. Hope so, will cross my fingers. Hell, I am the one who says I still dont think

he will be indicted in the first place.

I really REALLY wanna be wrong on that one!

[3Hotdogs]

2. Anyone can appeal anything they want.

As in the Gideon case, you can even write your appeal on plain paper with pen and ink.

The basis of your question is whether the SC will entertain such a petition.

My guess is that they will.

[GregariousGroundhog]

6. Whether the SC takes a Trump case will largely depend on what the case is.

When they take cases, it usually boils down to one of several categories three things, 1) They want to address an interesting legal question 2) The various appeals courts have come to differing conclusions on a particular question, 3) The lower courts clearly erred on something, 4) They have original jurisdiction on a matter (i.e., disputes between the States).

I highly doubt the Supreme Court wants to get involved in a case involving Trump's taxes in New York. I suspect they would be highly interested if he were charged by the Justice Department for his actions on January 6th. The fake elector scheme, violations of the Espionage Act, and violates of the Presidential Records Act fall somewhere on a spectrum between those two.

[lastlib]

7. There needs to be a federal question, IIRC.

and it has to have been brought up in the preceding cases. Essentially, the state high court will have the last say on state law, unless there is a conflict with the US Constitution or federal law. If a case begins in federal court, it's because there is a federal question to begin with. SCOTUS has a great deal of discretion as to the cases it takes, and it takes a vote of four justices to take a case that doesn't come to it by rule. There are many very complex rules governing how cases are processed within the federal system, so getting a case to SCOTUS is no small feat. You correctly identified some of the issues they consider, but that's only the beginning.

[3Hotdogs]

8. If Trump argues erroneous behavior on the part of NY State or behavior that violates the Constitutio

the S.C. can get involved.

[Ms. Toad]

9. That has to be in the original case.

He can't manufacture a constitutional violation after a decision which goes against him.

[3Hotdogs]

10. Yes. But some lawyer, needing a few bucks....

[Ms. Toad]

11. Some lawyer trying to add new claims on appeal

is risking Rule 11 sanctions (for filing frivolous claims) and a referral to the state disciplinary board.