Sentences with phrase «appeal judge deciding»

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.
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