It has been a wild ride since that May afternoon in 2024 when a Manhattan jury changed American history. You remember the headlines. Thirty-four counts. All guilty. It was the first time a former president—and now a sitting one again—was branded a convicted felon. But here we are in early 2026, and if you’re looking for a simple "yes" or "no" on whether those convictions are gone, you won’t find it. The trump 34 felonies appeal status is currently a tangled web of state filings, federal jurisdictional fights, and the massive shadow of a Supreme Court immunity ruling that changed the rules of the game mid-stream.
Honestly, the legal situation is a mess. It’s not just one appeal; it’s a multi-pronged attack on the verdict. While the public focus often stays on the politics, the actual courtroom drama is happening in two places at once: the New York state appellate courts and the federal Second Circuit.
Where the Appeal Stands Right Now
Right now, the conviction remains on Donald Trump’s record. He hasn't been "un-convicted" yet, but he hasn't exactly been punished either. Back in January 2025, just before his second inauguration, Judge Juan Merchan sentenced him to an unconditional discharge. Basically, that’s the most lenient sentence possible. No jail, no probation, no fines. It was a move that acknowledged the logistical nightmare of trying to put a sitting president in a cell or under the thumb of a state probation officer.
But for Trump’s legal team, led now by Robert Giuffra Jr. after Todd Blanche moved to the DOJ, "no jail" isn't enough. They want the whole thing erased.
In October 2025, they dropped a massive 111-page brief in the New York Supreme Court’s Appellate Division. This is the big one. It’s the formal attempt to have the 34 counts of falsifying business records tossed out entirely. They aren't just arguing that the evidence was weak; they’re arguing the whole trial was "poisoned" by evidence that should have been off-limits.
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The Federal "Wild Card"
While the state appeal grinds along, a federal appeals court recently threw a wrench into the works. In November 2025, the Second Circuit Court of Appeals ruled that a federal judge in Manhattan, Alvin Hellerstein, has to take another look at whether the case should have been moved to federal court in the first place.
Why does that matter? Because if the case moves to federal court, Trump’s team can argue for dismissal based on the Supreme Court’s 2024 decision on presidential immunity.
Hellerstein had previously said "no" twice, calling the hush money payments "private, unofficial acts." But the higher court basically told him, "Hold on, you didn't look closely enough at whether the evidence used at trial—like testimony about meetings in the Oval Office—violated the President's immunity."
The Core Arguments for Overturning the Verdict
If you sit down and read the filings, the defense isn't just throwing spaghetti at the wall. They have three or four main pillars they are leaning on to break the conviction.
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- The Immunity "Taint": This is their strongest card. The Supreme Court ruled that prosecutors can't use "official acts" as evidence to prove a crime, even for unofficial conduct. Trump’s lawyers argue that the jury heard about things he did as President (like tweets and White House meetings) that should have been kept secret. They call it "evidentiary immunity."
- The Judge’s Refusal to Recuse: They are still hammering Judge Merchan. They claim his daughter’s work for Democratic consultants created a conflict of interest. Merchan has consistently denied this, but it’s a centerpiece of the appeal.
- The "Zombie" Felony Problem: To make the charges felonies instead of misdemeanors, Manhattan DA Alvin Bragg had to prove the records were falsified to hide another crime. The defense argues that Bragg never clearly specified what that other crime was until the very end, which they say violated Trump’s right to a fair trial.
- Jurisdiction: They are still trying to prove this was a federal matter all along since it involved a federal election.
Is it Likely to be Overturned?
If you ask ten legal experts, you’ll get twelve different answers. It's that complicated.
Some scholars, like Jed Shugerman from Boston University, have noted that while some of the technical appeals (like the Federal Officer Removal Statute) might be long shots, the immunity argument is genuinely tricky for the prosecution. If the appellate court decides that even a small piece of "immune" evidence was shown to the jury, they might have to vacate the whole verdict and order a new trial.
But would a new trial even happen? Probably not while he's in office. It would likely be stayed until 2029.
On the flip side, the Manhattan DA’s office remains confident. They argue that the 34 counts were about business records created before and after the 2016 election—mostly private acts that have nothing to do with the duties of the presidency. They see the appeals as a standard "delay and distract" tactic.
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What Happens Next?
The timeline for the trump 34 felonies appeal status is currently stretching well into 2026. Here is what to look for in the coming months:
- District Judge Hellerstein’s Review: We are waiting to see if he holds new hearings on the "official acts" evidence as ordered by the Second Circuit.
- Oral Arguments in State Court: The New York Appellate Division hasn't set a date for the "main" appeal yet, but it’s expected to be a blockbuster event later this year.
- The "En Banc" Option: If Trump loses at the state appellate level, he will almost certainly ask the New York Court of Appeals (the state’s highest court) to step in.
Actionable Insights for Following the Case
- Watch the "Official Acts" list: Pay attention to which specific pieces of evidence the courts focus on. If the courts focus on Michael Cohen’s testimony about meetings inside the White House, the conviction is in real danger.
- Check the jurisdictional rulings: If a federal judge finally agrees to take the case, the Manhattan DA basically loses control of the process.
- Don't expect a quick finish: Appellate courts move slowly. Even with a President involved, these cases usually take 12 to 18 months from the initial filing.
The conviction is still there, but it’s under the most intense legal microscope in American history. Whether it survives 2026 depends entirely on how the courts define where "private business" ends and "official presidential duty" begins.
For now, keep an eye on the Second Circuit. Their next move will signal whether this case stays in New York’s hands or becomes a federal showdown that could end up back at the Supreme Court.