logo
episode-header-image
May 2024
31m 10s

Special Edition: Charging the Jury in Ne...

Robert Scavone Jr.
About this episode

The testimony is over in the NY criminal trial against defendant Trump. The jury will hear closing arguments next week and begin deliberations. But questions remain. What will the jury be asked to decide? Will the verdict form include the lesser-include offense of falsifying business records in the second degree? Both sides have a strategic decision to make.

Robert sat down the retired NY Supreme Court Justice Ethan Greenberg to talk about these and other unresolved legal issues in the case. Ethan is a shareholder at Anderson Kill in New York, where he co-chairs the firm’s Government Enforcement, Internal Investigation and White-Collar Defense Practice Group. His most recent piece in the WSJ, published on May 19, is entitled The Big Decision Before the Trump Verdict: Whether the jury weighs misdemeanor charges could affect both the outcome and the appeal.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Send your questions, comments, and feedback to summarilypod@gmail.com.

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

Up next
Apr 1
Goodbye
Hey folks. Robert here. I have decided to step away from the podcast for an indeterminate period of time. Thank you for listening and for your support. 🔗 Connect with the Hosts:Joni Mosely – TheMoselyFirm.comSpencer Charif – CharifLaw.com 
37s
Feb 2025
Capital Punishment and Immigration: The word "shall" is a problem.
Melanie Kalmanson, a partner at Quarlers & Brady, joined Robert to discuss a new Florida statute that requires judges to impose a sentence of death if an "unauthorized alien" commits a capital offense. Melanie and Robert examine potential constitutional issues the law faces under ... Show More
31m 47s
Feb 2025
The Great Debate: Tanenbaum vs. Scavone
On February 6, Robert debated Judge Adam Tanenbaum (First DCA) about whether the prior-panel rule applies in the DCAs. The rule requires 3-judge appellate panels to follow prior-panel precedent unless the court overrules the prior precedent en banc or the precedent has been overr ... Show More
1h 26m
Recommended Episodes
Mar 2022
Legal Talk: Hankison Verdict; Scott Peterson’s Defense; Cosby Conviction Overturned —TCD Sidebar
In this episode of True Crime Daily The Sidebar Podcast: Imran Ansari, a former DA prosecutor, attorney, and legal analyst for Court TV, joins host Joshua Ritter to discuss the cases making headlines from the perspective of two seasoned trial lawyers. They break down the Brett Ha ... Show More
48m 12s
Mar 2021
Thinking 2.0 (with Adam Grant)
On this week’s episode of Stay Tuned, “Thinking 2.0,” Preet answers listener questions about possible sedition charges against the Capitol insurrectionists, and Trump lawyer Sidney Powell’s unusual motion to dismiss a defamation suit stemming from her false election fraud claims. ... Show More
1h 1m
Apr 2021
The Law is a Tutu (with Dahlia Lithwick)
On this week’s episode of Stay Tuned, “The Law is a Tutu,” Preet answers listener questions about whether government officials listen to his podcast, the debate around cameras in the courtroom, and his favorite legal films.  Then, Preet interviews Dahlia Lithwick, a senior editor ... Show More
59m 6s
Feb 2021
EXONERATED: Run This Man His MONEY $$$
Very little turns our stomachs like false accusations, false convictions, and false imprisonments. It’s time up for that sh*t. And we’re getting to the nitty and the gritty of it on this episode of Holding Court with Jimmy Dennis who was exonerated after spending 25 years on deat ... Show More
55m 55s
Nov 2023
Judging Sam: The jury's job
CORRECTION: In an earlier version of this episode, our guest incorrectly stated that in the case of a hung jury, a defendant cannot be retried without risking double jeopardy. This is incorrect. If the jury hangs, then the defendant can be retried. We have edited the episode to r ... Show More
20m 32s
May 2021
The Chauvin Prosecutors (with Jerry Blackwell and Steve Schleicher)
On this week’s episode of Stay Tuned, “The Chauvin Prosecutors,” Preet interviews Jerry Blackwell and Steve Schleicher, the two lead prosecutors in the trial of Derek Chauvin, the former Minneapolis police officer who was convicted of murdering George Floyd.For show notes and a t ... Show More
1h 25m
May 2023
The Juror
In 2008, Sven Berger was chosen to serve on the jury for a murder trial. He says the sentence that he and his fellow jurors handed down “felt like a mistake right away.” Sven talked about what happened next on the podcast Heavyweight, and today, we’re sharing that episode with yo ... Show More
35m 16s
Jul 2022
Introducing The People’s Court Podcast
Judge Marylin Milian has spent more than two decades on “The People’s Court” bench. Now, in a brand-new podcast, she’s hearing from ordinary people who have filed grievances in civil court. Whether you are a longtime fan of the popular judicial reality show, or you’ve never seen ... Show More
9m 50s
Mar 2023
COJ #21: Randy Murdaugh Hits the Reset Button and Russell Laffitte Has Bills to Pay
One week after Alex Murdaugh was sentenced to life for killing his wife and son, Murdaugh Murders Podcast co-hosts Mandy Matney and Liz Farrell — and everyone’s favorite attorney Eric Bland — take a look at the questions surrounding a juror’s connections to a witness, the problem ... Show More
1h 10m
Aug 2022
The Supreme Court's power grab
Sean Illing talks with Harvard Law professor Nikolas Bowie about the U.S. Supreme Court's recently-concluded term, which produced landmark opinions restricting the power of the EPA, expanding gun rights, and overturning Roe v. Wade. They discuss how the conservative court's argum ... Show More
1h 5m