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General Category => Harness Racing => Topic started by: COUNSELOR on February 09, 2023, 12:29:26 AM

Title: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: COUNSELOR on February 09, 2023, 12:29:26 AM
MR. SURICKS COUNSEL FILED A "NOTICE OF APPEAL" TO THE SECOND CIRCUIT COURT OF APPEALS ON FEBRUARY 7, 2023.  THE $505 FILING FEE WAS PAID AND APPEAL FILED.

ADDITIONALLY, NEW FILINGS WERE MADE BY COUNSEL OF MR. SETH FISHMAN AS WELL. 
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Ohracing on February 09, 2023, 12:52:48 AM
So he pled guilty then appealed? 
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: The Exporter on February 09, 2023, 05:48:35 AM
More than likely, appealing the sentence. 
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Yonkers1A on February 09, 2023, 06:24:05 AM
How much money did this POS steal, NYC lawyers don’t come cheap
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Horsepower on February 09, 2023, 07:06:16 AM
Hopefully the court realizes that the sentence was too short and add a lot more time to the current court order of 62 months. He deserves 3 life sentences for what he has done.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: LUCPARK on February 09, 2023, 07:47:00 AM
I told you guys

BIG NICKY WAS GONNA APPEAL

This appeal

Prob delay going to jail for two more yrs
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Bernie Madoff on February 09, 2023, 07:53:11 AM
I told you guys

BIG NICKY WAS GONNA APPEAL

This appeal

Prob delay going to jail for two more yrs






Delaying the inevitable is probably a poor choice.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: COUNSELOR on February 09, 2023, 07:59:27 AM
THE APPEAL WAS FILED TO THE US COURT OF APPEALS FOR THE SECOND CIRCUIT FROM THE FINAL JUDGMENT OF CONVICTION AND SENTENCE ENTERED ON JANUARY 24, 2023.

THEREFORE, BOTH THE CONVICTION AND THE SENTENCE HAS BEEN APPEALED.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: bigbettor on February 09, 2023, 08:04:44 AM
Any speculation on what happens to dudes who wear imported Italian loafers in the joint?  91.jzail 11.htcrl 11.rdit 11.bz :1 11.tb 11.a
Maybe Suredick will get lucky and his cell block won't have any animal lovers.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: bond on February 09, 2023, 08:25:56 AM
THE APPEAL WAS FILED TO THE US COURT OF APPEALS FOR THE SECOND CIRCUIT FROM THE FINAL JUDGMENT OF CONVICTION AND SENTENCE ENTERED ON JANUARY 24, 2023.

THEREFORE, BOTH THE CONVICTION AND THE SENTENCE HAS BEEN APPEALED.

I hope he wastes all his money on Lawyers--then gets a longer sentence because 62months nowhere near long enough for this criminal.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: The Exporter on February 09, 2023, 08:50:51 AM
His goal would be to have his appeal heard before his surrender date. I doubt he has enough juice to get a stay while waiting on the ruling.  His surrender date is April 3rd.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: COUNSELOR on February 09, 2023, 12:14:21 PM
THESE APPEALS ARE DECIDED BY A THREE JUDGE PANEL ON MAINLY BRIEFS.  VERY SELDOM DOES ANYONE GET A CHANCE TO AN ORAL ARGUMENT.  THE APPEAL IS NOT ON EVIDENCE OR REHEARING OF SUCH BUT ONLY ON:

1.  ERROR BY THE JUDGE
2.  ERROR IN PROCEDURE
3.  INEFFECTIVE COUNSEL

THE ABOVE IS PRESENTED IN BRIEF FORMAT---THREE JUDGE PANEL DECIDES WHETHER TO GRANT SUCH--AND WILL DO SO WITH OVER WHELMING FACT BUT LESS THAN 10% ARE GRANTED THIS APPEAL.

FURTHER, USUALLY DOES NOT STOP INCARVERATION UNLESS THEY CAN PROVE THAT THE OUTOME WOULD HAVE BEEN DIFFERENT IF THERE WAS ANY OF ABOVE.

VERY RARE ---ASK THE CHILEYS REGARDING THEIR APPEAL. THE BEST ATTORNEYS IN THE WORLD AND THEY WERE AND REMAIN INCARCERATED FOR NON VIOLENT CRIMES AND THEY HAVE CHILDREN. 

FURTHERMORE, IT IS NOT GOING TO BUY TIME AS STATED IN PRIOR LISTING---THIS WILL BE DECIDED QUICKLY REGARDING THE MERIT OF PERMITTING AN APPEAL.

Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Calhoun on February 09, 2023, 12:16:06 PM
Vietnam does not extradite to the USA.

RUN SANDALS RUN!!!!!
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: jupiter on February 09, 2023, 02:13:28 PM
Ineffective council, I thought he hired the best. Hey Nick give it up, the only error in the sentencing, was you should have been sentenced to twice the time. You admitted to the crime, now do the time. Just remember when ya get out, you're an ex con, loser with no friends, can't vote, leave the US.   
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: ferdinand the bull on February 09, 2023, 02:23:03 PM
If only Nevele Pride was still alive , little Nicky could be thrown in the stall with him and sweet justice would be served
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: MCR on February 09, 2023, 03:56:07 PM
good luck Nick (i truly mean that)
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: old guy on February 09, 2023, 04:53:12 PM
If only Nevele Pride was still alive , little Nicky could be thrown in the stall with him and sweet justice would be served

 ngc3 ngc3 ngc3🤣🤣🤣
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Superfecta on February 09, 2023, 04:53:53 PM
good luck Nick (i truly mean that)

Fuck him for what he did and fuck you for wishing him luck. You will be cursed for at least 5 years now.  11.wp
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: MCR on February 09, 2023, 05:08:31 PM
Fuck him for what he did and fuck you for wishing him luck. You will be cursed for at least 5 years now.  11.wp
Absolutely did some awful things I agree. Maybe instead of wishing luck I should of said I pray for you... Lol.  Fuck you too btw
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: makingit on February 09, 2023, 05:09:12 PM
Not sure but didn't he plead guilty ? How do you appeal something you chose? If he says his lawyer was bad, then his appeal would mean he wants to go to trial?  Didn't he agree to cooperate for a chance at a lighter sentence which the prosecutor asked the judge to go light on Nick? Makes no sense.  I hope the judges toss it.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: MCR on February 09, 2023, 05:11:27 PM
Not sure but didn't he plead guilty ? How do you appeal something you chose? If he says his lawyer was bad, then his appeal would mean he wants to go to trial?  Didn't he agree to cooperate for a chance at a lighter sentence which the prosecutor asked the judge to go light on Nick? Makes no sense.  I hope the judges toss it.
More than likely will be tossed
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Emperor Dapple on February 09, 2023, 05:47:56 PM
Vietnam does not extradite to the USA.

RUN SANDALS RUN!!!!!

 ngc3 ngc3 ngc3
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Emperor Dapple on February 09, 2023, 05:49:15 PM
If only Nevele Pride was still alive , little Nicky could be thrown in the stall with him and sweet justice would be served

 tmbz1 tmbz1 tmbz1
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Bernie Madoff on February 09, 2023, 07:03:28 PM
good luck Nick (i truly mean that)



Very poignant.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: augustaandy on February 09, 2023, 07:19:57 PM
If only Nevele Pride was still alive , little Nicky could be thrown in the stall with him and sweet justice would be served


Momentous was probably worse behaved
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: old guy on February 09, 2023, 07:25:12 PM
Vietnam does not extradite to the USA.

RUN SANDALS RUN!!!!!

Wouldn’t want him in my foxhole
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: kooter for hipin on February 09, 2023, 07:42:01 PM
good luck Nick (i truly mean that)

Evidently you are a top notch owner/trainer/whatever, could you just tell us the name of two of your better horses?
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Emperor Dapple on February 09, 2023, 07:44:06 PM

Momentous was probably worse behaved

Rob Rahner?? Pink silks i think?
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: The Exporter on February 10, 2023, 05:44:20 AM
Pink and Black. Good old Mo was was meant to be with Rahner. Freddie Hudson wrote a book about Bobby Rahner and Momentus.
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: Bernie Madoff on February 10, 2023, 07:13:51 PM
Wouldn’t want him in my foxhole



How about your bung hole?
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: augustaandy on February 10, 2023, 08:00:19 PM
Rob Rahner?? Pink silks i think?


that was his horse
Title: Re: SURICK : APPEAL NOTICE FILED TO SECOND CIRCUIT
Post by: COUNSELOR on February 10, 2023, 08:35:52 PM
IN THIS CASE, BOTH LISA GIANNELLI AND SETH FISHMAN HAS ALSO FILED APPEALS TO THE PROPER DISTRICT.   MR. FISHMAN IS CURRENTLY INCARCERATED IN FCI MIAMI AND MS. GIANNELLI IS INCARCERATED AT FCI DANBURY.

AS YOU CAN SEE---AN APPEAL DOES NOT NECESSARILY HALT ANY INCARCERATION----THE APPEAL IS NOT ON THE EVIDENCE NOR CAN ANY NEW EVIDENCE BE SUBMITTED---THE APPEAL IS ON THE ALREADY PRESENTED CASE AND THE MERITS OF THE CASE IF IN FACT THERE WAS ERROR BY THE JUDGE OR THE ATTORNEY MADE MISTAKES IN THE DEFENSE---THIS IS AN ARGUMENT OF BRIEFS----NOT ORAL USUALLY AND THE ORDER TO REPORT EXIST AND WILL BE FORCED.

IT IS POSSIBLE THT THE BOARD OF JUDGES COULD BELIEVE THE OUTCOME OF THE CASE WOULD HAVE BEEN DIFFERENT----BUT AS I STATED, LESS THAN 10% OF THESE CASES ARE GRANTED AN APPEAL.

THIS CASE IS VERY CLEAR CUT WITH OVERWHELMING EVIDENCE.  THE PROSECUTORS WERE VERY SMART TO INFORM THE JUDGE TO GRANT A LIGHTER SENTENCE AS THIS WILL PLAY INTO THE JUDGES RULING.

FEDERAL JUDGES ARE BRILLIANT AND THEY UNDERSTAND THE GAME!   I TRULY BELIEVE THE JUDGES WILL MAKE THE RIGHT DECISION ---AS THEY WILL AGREE WITH THE SENTENCING JUDGE AND THIS APPEAL IS MOOT.
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