CNN —Hunter Biden is requesting a new trial in his federal gun case, with his lawyers claiming that there was a procedural issue in the timing of the early June trial that resulted in a guilty verdict against him.
His lawyers claim that the trial court did not have jurisdiction over his case because of appeals that he had filed challenging his prosecution.
The defense team says that the conviction must be wiped away because, even though the appeals court had rejected the appeals by the time the trial started, it had not issued what’s known as a “mandate” – the procedural maneuver that effectively notifies a lower court of ruling made by a higher court in an appeal.
Biden’s lawyers are pointing to the absence of a mandate sending the case back to the trial court after the 3rd US Circuit Court of Appeals handed down rulings rejecting two of his appeals in late May.
“The Third Circuit, however, did not then and has not yet issued its mandate as to the orders dismissing either appeal,” his lawyers wrote.
Persons:
CNN — Hunter Biden, “, ”, Maryellen Noreika, Biden’s
Organizations:
CNN, US