Sentences with phrase «appellate courts impose»

Through the use of strict time limits, appellate courts impose this discipline on counsel.

Not exact matches

The appellate court panel said an earlier Supreme Court ruling «correctly determined that NIFA was authorized under the [state] NIFA act to impose the subject wage freezes.&rcourt panel said an earlier Supreme Court ruling «correctly determined that NIFA was authorized under the [state] NIFA act to impose the subject wage freezes.&rCourt ruling «correctly determined that NIFA was authorized under the [state] NIFA act to impose the subject wage freezes.»

However, legal experts point to an earlier appellate court decision in 2003 on the Suffolk Ethics Commission that found a county can impose more stringent ethics regulations than those required by state law.

The federal appellate ruling last month lets stand a massive court - ordered property - tax hike imposed last fall on the city's residents to help fund the school district's desegregation efforts, which are among the most comprehensive and expensive ever undertaken.

The book is a «how - to» guide for drafting all types of documents common to trial and appellate courts, including bench memos, orders, findings of fact and conclusions of law, jury instructions, statements of reasons for imposing sentence, appellate opinions, correspondence, and speeches.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

The 7th Circuit agreed, ruling that Stallings» appellate counsel was ineffective for failing to request a limited remand «to determine whether the sentencing court would have imposed the same sentence under an advisory guidelines regime.»

The restriction imposed by s 89 (1) of the Housing Act 1980 on postponing enforcement of a possession order only applies to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.

Ultimately, the appellate court would probably have to say, «This sentence would be substantively unreasonable * but for * the findings related to Ball's other conduct,» — which (based on Scalia's reasoning) would mean that the sentence couldn't be lawfully imposed without the presence of those facts, which in turn would mean that they were subject to the Sixth Amendment's jury - trial right.

Our Eighth Amendment jurisprudence developed in the capital context calls into question whether a defendant should be condemned to die in prison without an appellate court having passed on whether that determination properly took account of his circumstances, was imposed as a result of bias, or was otherwise imposed in a «freakish manner.»

In Gall v. United States, the Supreme Court required that appellate courts «consider the extent of the deviation» of criminal sentences imposed outside the Sentencing Guidelines range.

But when Chief District Judge Linda R. Reade of the U.S. District Court for the Northern District of Iowa disregarded her obligation to consider Rubashkin's grounds for mercy and instead just sentenced him to 27 years behind bars, she left the appellate judges who examined Rubashkin's case with no means for determining whether the penalty she imposed was fair, just or reasonable.

In their view, if the sentence imposed is appropriate, the appellate courts should not tamper with the sentence for the sole reason of preserving an immigration right.

The issue was one of jurisdiction and whether or not the appellate court had the inherent jurisdiction to raise an issue pertaining to the sentence imposed, when the appeal was purely a conviction appeal and neither parties raised the issue of fitness of sentence.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

The appellate court upheld the trial court decision, saying that the state's seller disclosure statute did not impose a duty on brokers to independently verify or disclaim the accuracy of a seller's representations.

A California appellate court has considered a member's challenge to discipline imposed upon him by a REALTOR ® association.

A federal appellate court has considered the constitutionality of a government's attempt to impose new requirements on the purchasers of scrap metal.

A New Jersey appellate court upheld discipline imposed by a real estate commission on licensees for their role in selling a new home to a second buyer before the underlying transaction had closed.

A Texas appellate court has considered a member's challenge to discipline imposed by a professional association in which the member had voluntarily become a member.

A federal appellate court has ruled on whether town officials unconstitutionally interfered with a developer's rights by imposing requirements upon the developer that were not imposed on any other developer operating in the town.

Since the buyers had offered no evidence that the local standard of care imposed such a duty on the broker, the state supreme court affirmed the appellate court's ruling.