Belway v Lalande - Weber is a decision that Justice Martin made in her role as a single Court of
Appeal judge deciding whether to grant an applicant leave to appeal to the Court of Appeal; see Granting a Vexatious Litigant's Application for Leave to Appeal.
But
the appeals judge decided Thursday the city can not issue euthanasia orders based on breed or physical appearance or stop someone from reclaiming their lost dog based on breed or physical appearance.
Their ruling has been little reported, perhaps because
the appeal judges decided to uphold Clifford's eight - year sentence for eight charges of indecent assault on four victims.
The appeal judge decided that the $ 250,000 fine against the company, and the jail terms, were «significantly out of the range of sentences regularly imposed by the courts for these types of offences and for these types of offenders».
Not exact matches
The Trump administration has said it is considering
appealing the 9th Circuit ruling to the Supreme Court, and the 9th Circuit itself might
decide to rehear the case with a larger panel of
judges.
The catch, however, is that a Florida state
judge could force the company to post a colossal bond until the
appeal is
decided — wiping out Gawker in the meantime.
Despite the fact that at least five of the
judges involved in the two
appeal court judgements were originally appointed to lower courts by Brian Mulroney's Conservative government, Harper insisted: «It was the government that
decided to put the
judges on the bench, the government that
decided not to
appeal, the government that
decided to lose the case and the government that
decided not to come back to Parliament.
Broward Circuit
Judge Jeffrey R. Levenson agreed, and the Broward County School District
decided Wednesday not to
appeal, clearing the way for the video's release.
According to CSW, the Administrative Court recently
decided to dismiss the case, but the
judge had not delivered his written decision, which prevented the churches» lawyers from
appealing the decision.
Whatever
Judge Sharpe
decides, Bruno will begin an
appeal which could take years.
To get the stay, he had to convince the three
appeals judges who
decided his case — Jose Cabranes, Richard Wesley and William Sessions — that his arguments raise a «substantial question» for the Supreme Court, and that there is «good cause» to hold off on a retrial.
The order will remain in effect until a full panel of
judges decides the union's
appeal of that ruling.
Davis declared himself satisfied by the Board's actions, and therefore has
decided to withdraw his
appeal of the
judge's decision.
Silver's lawyers argued that the disbarment should be delayed until a federal
judge decides on their motion for a new trial, but the
appeals court denied the request.
At the end of March, a panel of appellate
judges dismissed Silver's
appeal, saying it's up to Caproni to
decide if the documents are relevant to his impending sentencing and should become public.
One hundred and seventy three
decided not to lodge
appeals, nine were rejected on
appeal and 17 were removed back to Eritrea by force - but by and large
judges appear to be finding against the government.
Titone, whose father served as a
judge on the New York State Court of
Appeals, told the Advance that he'll miss his time in the state Legislature and that he consulted family and friends before
deciding to leave his seat in the Assembly's 61st district.
But rather than
appealing the
judge's decision, Johnson
decided to present the case to another grand jury — a move the Graham family supported.
But the High Court ruled that NHS England does have the legal power to commission PrEP, a decision that has now been supported by three Court of
Appeal judges, who
decided to rule in favour of the National Aids Trust.
You can hear and
judge the tone, sex
appeal or intensity in the voice of the person and
decide whether you want to share your erotic moments with that person or not.
The high court agreed to
decide whether officials facing such lawsuits in state courts have the right to immediately
appeal a
judge's decision denying them official immunity.
March 4, 2016 - Attorney General Laxalt
decided to
appeal Judge Wilson's order to stop the implementation of SB302, and
appealed before the Nevada Supreme Court, asking the Court to reverse
Judge Wilson's order to enjoin the application of SB302 law.
Undaunted, the legislature
appealed the
judge's ruling, and
decided to reduce the 2003 Building Renewal Fund by $ 90 million — from $ 138 million to $ 28 million.
Jennifer Canada, a spokeswoman for Attorney General Roy Cooper, said his office would review the
judge's written order before
deciding whether to
appeal.
Considering the fact that current Celerio is not such an attractive car,
judging just by the look, Suzuki
decided to update the car to make it more
appealing.
Just this week, the 2nd U.S. Circuit Court of
Appeals vacated the district court's certification of the case as a class action, and told the district court
judge he needs to
decide whether Google's snippets of text could be considered «fair use.»
Prince had appropriated 40 of Cariou's photos altering them variously, and though the
judge ruled in favor of Cariou in 2011, the
appeals court largely overturned the original decision in 2013,
deciding that most photographs suffered sufficient transformation and were thus under permitted use.
The task for the chambers
judge, from whom this
appeal is taken, was to
decide whether the Registrar had erred in failing to consider or to give sufficient weight to all relevant factors...
For example, when an appellate
judge retires and joins a private firm, and the firm later employs the retired
judge to brief an
appeal to his former colleagues, the firm is partly trying to persuade the court that it should
decide the case in the firm's favor because of the retired
judge's established reputation, character, and credibility.
(How
Appealing, Third Circuit
judges to
decide Second Circuit case)
A report in The Boston Globe discusses the case scheduled to be argued today before the 1st U.S. Circuit Court of
Appeals that centers on a plan by U.S. District
Judge Nancy Gertner to try to get more African - Americans on the jury that will
decide the federal death penalty case against two black men from Boston.
The
appeal was allowed on the ground that there was nothing to indicate that the
judge attempted to consider the case fairly or
decided it independently.
The Court of
Appeal made the following observations: «Indefinite support is appropriate after a long - term marriage because the dependent spouse is often of an age that makes it difficult to achieve economic self - sufficiency... Even though this marriage was lengthy; the trial
judge decided that an indefinite order was not appropriate.
The issue on
appeal was whether the trial
judge invoked the correct test in
deciding whether the search warrant should have been set aside.
Also, one of Samsung's patents is not listed because it was thrown out by
Judge Koh on summary judgment and can't be reasserted against Apple unless the facts change in Samsung's favor (hard to imagine) or the
appeals court
decides in Samsung's favor.
On March 19, 2014, the South Carolina Court of
Appeals decided Abney v. State, holding trial counsel employed a legitimate trial strategy by not requesting the trial court
judge instruct the jurors about the lesser - included offense.
Such a process may
appeal to academics but would be very hard on record managers and on lawyers and
judges trying to advise on or
decide what records would be admissible from time to time and how.
The Wisconsin case (
decided by the Court of
Appeals) settled that it wasn't improper for a circuit court to do independent research, since a competent
judge has a duty to ensure the correct law is being applied.
The
judge hearing the
appeal found that the district
judge at first instance had been right, on the evidence before him, to
decide that there «had been no answer» and, indeed, the
judge came to the same conclusion.
The Court of
Appeal declined to
decide if there are any occasions when a trial
judge can go beyond the evidence presented at trial.
A report in The Boston Globe discusses the case scheduled to be argued today before the 1st U.S. Circuit Court of
Appeals that centers on a plan by U.S. District
Judge Nancy Gertner to try to get more African - Americans on the jury that will
decide the federal death penalty case against two black men from -LSB-...]
Although
Judge Stromberg - Stein, dissenting, argued that the result was moot as a result of a subsequent amendment to the Defendants» pleading the Court and should be dismissed, the Court exercised its discretion to
decide the
appeal on the merits.
The tribunal
judge's decision will be sent to you by post if your
appeal is
decided using paperwork.
The error by the lower court: The Court of
Appeal decided that the
judge below made errors when she set aside the order of the inquiry committee.
After
deciding the case six to one against the New Zealand Maori Council, the court of three
judges then refused leave to
appeal to the Privy Council on the grounds that the issue was not of sufficient public importance to warrant leave!
This will give your lawyer the upper hand in
deciding how to
appeal to that
judge's decision making approach.
If a
judge decides to remove an occupant, the occupant can
appeal 10 days after the order of removal.
The Court of
Appeal in Trudel suggested similarly, stating that [my translation] «the
judge seized with a motion pleading immunity on the part of the foreign State is required to
decide the question, absent particular circumstances that do not apply here.»
It points to the 1972 case United States V. Dougherty,
decided 2 - 1 by the U.S. Court of
Appeals for the District of Columbia, as the benchmark case in which the Court ruled that
judges aren't required to inform jurors about nullification because this power is «implied» in the overall instructions.
It was
decided the
appeal should be re-argued before five
judges in order that, if it thought it right to do so, the court could reverse or vary its earlier decisions.