Former President Trump is widely expected to appeal his conviction in his New York criminal trial after this week, launching the case to the New York appeals courts and potentially beyond. (Felipe Ramales for Fox News Digital)
This does not mean that the court will automatically be stacked against the former president. Trump and his legal team have presented cases to the First Department before, and as recently as this week they have had some success. On Thursday, a five-judge panel from the First Department sided with Trump in a ruling clearing the way for him to sue his niece, Mary Trump.
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The five judges included Associate Justices Sallie Manzanet-Daniels, Barbara Kapnick, Ellen Gesmer, Linet Rosado and Friedman.
The judges upheld a prior ruling with their decision, saying that Trump has standing to sue his niece for breaching confidentiality agreements made in a 2001 settlement over the estate of Fred Trump Sr., the former president's father.
The court's ruling had no impact on whether Trump's lawsuit will be successful. His original lawsuit called for his niece to hand over $100 million in damages. The court says he may still be successful in securing funds.
"At a minimum, nominal damages may still be available on the breach of contract claim even in the absence of actual damages," the court wrote.
Andrew Cuomo is responsible for nominating five of the seven judges who would handle Trump's case in the New York State Court of Appeals. He also appointed 14 of the 21 justices in the appellate division. (AP Photo/Richard Drew, File)
Some legal experts say the case brought against Trump by Manhattan District Attorney Alvin Bragg will have "reversible problems" when appealed.
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"I believe that the case will be reversed eventually either in the state or federal systems," Jonathan Turley, constitutional law attorney and Fox News contributor, said Thursday. "However, this was the worst expectation for a trial in Manhattan," he said. "I had hoped that the jurors might redeem the integrity of a system that has been used for political purposes."
"The trial is a target rich environment for appeal. However, that appeal will stretch beyond the election. In the meantime, Democrats and President Biden can add ‘convicted felon’ to the political mantra," he added.
Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Send tips to Anders.Hagstrom@Fox.com, or on Twitter: @Hagstrom_Anders.
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