I know there are plenty of lawyers here...
by El Kabong (2024-03-04 11:39:53)

In reply to: SCOTUS rules Trump can appear on Presidential ballot  posted by DBCooper

Cannot Reply Return to Political

...so I'm confident I can get an answer to this question.

Is it possible for a state court to determine that someone is guilty of a Federal crime?

As a lawyer, I will, of course, take issue with your....
by Marine Domer  (2024-03-04 16:02:12)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

question just a bit. Only a Federal court can convict someone of a Federal crime. State courts can convict someone of the same crime, but under State law, not Federal law. As for "determining" someone violated Federal law short of conviction (for instance, as an evidentiary matter), that depends upon the circumstances, but I'm sure that can happen. For instance, a State court can take notice of a Federal conviction as evidence in aggravation or relevance to some other issue in the State case.
The NY trump case is an interesting example
by ratinatux  (2024-03-05 08:05:34)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

To the extent they intend to prove a federal election law crime was committed and being covered up in order to make the state law violation into a felony
he's asking whether state courts have jurisdiction to hear
by airborneirish  (2024-03-04 16:51:48)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

federal criminal cases. the answer is generally no, and at most a state court would have concurrent jurisdiction where both the state and feds have criminalized something. There are no states that have criminalized insurrection against the US though there are states, including Colorado, who have criminalized insurrection against that state.

Jurisdiction in the case of treason and insurrection is still not cut and dry. Johnson wanted to try Davis in a us district court in Virginia following the civil war. An argument was made by then US AG Speed that Davis ought to be tried via military tribunal https://openyls.law.yale.edu/bitstream/handle/20.500.13051/11198/70_24YaleLJ669_1914_1915_.pdf?sequence=2

A state court ought not have jurisdiction over insurrection against the United states.
Apprently it’s only Congress that can
by vermin05  (2024-03-04 11:49:24)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Cannot reply

I have no issue with the primary finding, but I disagree with placing authority in Congress to determine who has violated the 14th amendment instead of the federal court. I wonder when we’ll see a challenge to regulate another amendment via Congress (like the 2nd.)

Also not a lawyer*