Hunter Biden requests new trial after conviction in gun case
Source: The Guardian
Mon 24 Jun 2024 17.54 EDT
Lawyers for Hunter Biden have filed a motion requesting a new trial, arguing that a Delaware court did not have jurisdiction over the case when it proceeded to trial.
Biden, the eldest living son of the US president, was found guilty earlier this month on three felony counts related to a handgun purchase while he was a user of crack cocaine. Biden’s lawyer Abbe Lowell, in a court filing on Monday, argued that his client’s “convictions should be vacated” because the judge overseeing the case lacked jurisdiction to hold a trial because of pending rulings in his appeals case.
A federal appeals court had rejected two attempts by Biden’s lawyers to dismiss the gun charges, but Lowell said that the court had not yet issued a formal mandate denying one of those appeals. “Naturally, any district court action taken after it has been divested of jurisdiction by an appeal must be vacated,” he wrote in the Monday filing. “Mr Biden’s convictions should be vacated because the court lacked jurisdiction to proceed to trial.”
In a separate filing, Biden’s lawyers argued that a recent supreme court ruling, which upheld a federal ban on a firearms for people under domestic violence restraining orders, supported their motion for an acquittal in the case, or “at a minimum” a new trial.
Read more: https://www.theguardian.com/us-news/article/2024/jun/24/hunter-biden-requests-new-trial

BWdem4life
(2,504 posts)Why would that SC decision have a bearing on his case (and why would it support an acquittal)?
former9thward
(33,424 posts)The decision supports restrictions on who can get guns.
thenelm1
(912 posts)that HB is just trying to manipulate the courts in his favor? (Without an inkling of the irony.)
JoseBalow
(7,113 posts)I couldn't possibly care less
azureblue
(2,375 posts)for Trump, because, under this ruling, felon Trump should be jailed, because he owns guns..
Why isn't Trump being charged under this ruling?
soldierant
(8,316 posts)I's far more important that his father, and the rest of his family, love him than ahy f**k from you could possibly be.
cstanleytech
(27,498 posts)Ford_Prefect
(8,310 posts)If Abbe Lowell put this forward it probably has teeth. Lowell is no fool nor likely to offer some sketchy reasoning up as legal canon fodder to delay a process.
This is not like Habba et al throwing any legal quirk against the wall to delay due process or twist some obscure point of legal language to shift the argument into the occult world of legalisms.