Sentences with phrase «appellate judge»

As an aside, exactly how is it possible to appeal a case, and have the appellate judge be the EXACT SAME guy who presided over the original trial and made statements that Avery should never be free to walk the streets again?

I also like that Rakoff threw in one of my favorite jokes about a trial judge, appellate judge, and Supreme Court Justice (I tell it with a law professor) who go duck hunting.

And I believe that every appellate judge would agree that, although effective appellate briefs and oral arguments are surely desirable, cases on appeal must be decided as the facts and the law compel, even if the less talented advocate wins as a result.

A Shocking Ruling An appellate judge in Texas issued a ruling so extreme and extraordinary that it may cost her that seat she holds on the bench.

After being an appellate attorney for a certain number of years, there is always the potential to advance and become an appellate judge.

To become an appellate judge, an appellate attorney generally must have at least a decade of experience practicing law.

Then, the prospective appellate judge must end up on a short list of the state's governor's office.

The answer is that prior service as a trial judge, which should be a prerequisite for being an appellate judge, will now be a detriment.

Marianne Short Executive Vice President and Chief Legal Officer UnitedHealth Group September 15, 2017 Marianne Short, Executive Vice President and Chief Legal Officer at UnitedHealth Group, discusses UnitedHealth Group's pro bono efforts and the role providing pro bono legal services played in her own career, including 12 years as an appellate judge on the Minnesota Court of Appeals.

And during that process not even one juror, trial judge or appellate judge was persuaded that he was innocent.

«Lawyer for ex-judge seeks change of venue»: Two Sundays ago, The Pittsburgh Post-Gazette published an article that begins, «The attorney for the first state appellate judge to be charged with a crime in 14 years wants the federal trial moved from Erie to Pittsburgh because of pretrial publicity.»

The appellate judge in this case imparted strong advice to defence counsel at the end of the judgement — advice that can be applied equally to the entire legal bar, regardless of the area of practice.

Earlier this month, a federal appellate judge on the United States Court of Appeals for the Ninth Circuit retired amid allegations that he engaged in sexual harassment and unwelcome touching over the course of his 32 years on the bench.

While Judge Posner is an appellate judge, he is sitting, for this case, on the bench of a district court, which is a first - instance (as opposed to an appeals) court.

«At 25 Years and 26 Days, Chief Justice Hecht Marks History as Longest - Serving Justice»: The Supreme Court of Texas today issued a news release that begins, «Texas» longest - serving appellate judge, Chief Justice Nathan L. Hecht, celebrates a new milestone Sunday: longest - serving justice in state Supreme Court history.»

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.»

(Calls to O'Malley, now an Illinois appellate judge, were not returned.)

I would not hold my breath to see any appellate judge disturb the sentence, rather than saying that the sentencing judge had permissibly acted witin his or her sound discretion.

Bashman suggests that any recusal - induced vacancies be filled by a non-recused federal appellate judge randomly selected to sit by designation.

He has a stellar résumé that includes stints as law clerk to a federal appellate judge, lawyer for the NAACP Legal Defense and Education Fund, top Justice Department civil rights lawyer under President Clinton and general counsel of The Coca - Cola Co..

A Florida appellate judge similarly called out a lawyer who merely checked directory assistance in search of the defendant's address, calling such a method the equivalent of «the horse and buggy and the eight track stereo.»

It isn't often that an appellate judge seeks to overturn fact findings by the lower court, and it's even less frequent when the judge supports a higher award of attorney fees than that court issued.

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

It concluded that the challenging party's due process rights were violated because the appellate judge did not recuse himself after the opposing side contributed $ 3 million to his campaign while the case was pending.

Or perhaps President Obama will wish to listen to Reagan - appointed federal appellate judge Alex Kozinski (9th Cir.)

But how do you show the appellate judge these crucial mistakes?

President Obama on Tuesday nominated federal appellate Judge Sonia Sotomayor, 54, to the U.S. Supreme Court.

Advice from an appellate judge and a seasoned advocate on how to put your best foot forward on appeal.

The appellate judge held that this appeal turned on the following question — when did the additional catastrophic benefits become overdue so that interest started to accrue.

Questioned about rights of privacy, the appellate judge cited several amendments in the Bill of Rights and said, «I do think the right to privacy is protected under the Constitution in various ways.»

In a case involving a racketeering and money laundering conviction stemming from «spas» that were allegedly fronts for prostitution, appellate Judge Frank Easterbrook of the 7th Circuit chided the prosecution over an inflated calculation of proceeds from the operation.

One appellate judge said the map was «reminiscent of a broken - winged pterodactyl, lying prostrate across the center of the state.»

Jackson, an appellate judge since 1991, is fluently bilingual and a specialist in judicial ethics and judicial education.

Unfortunately, sorting by appellate judge using these tools by LexisNexis are not yet available in Canada.

The test was used when Trump nominated appellate Judge Neil M. Gorsuch to the U.S. Supreme Court.

PRESENTATION While the written brief plays a key role in setting up the appeal, a case is often won or lost during the initial presentation to the appellate judge and how you stay focused on giving succinct and poignant answers to the most difficult questions.

Some might argue that an exception exists in situations where the reader knows the writer — for example, when a well - known appellate lawyer appears before a state appellate judge, that lawyer has appeared before the court many times, and both have been professional colleagues within that legal community.

A federal appellate judge warned Friday that patent reform bills circulating on Capitol Hill threaten to erode the power of the courts to decide how cases are heard.

There are forums for every state appellate court and state appellate judge, and forums for state appellate court opinions.

Cassels Brock had appealed the original decision, with the appellate judge stating in her decision that the firm «raises legal issues relating to liability, the availability of an aggregate damages award, and the trial judge's damages assessment.»

Furthermore, in my view, it is preferable for the appellate judge who becomes aware of an Internet posting about a pending case, written by someone with particular expertise in the area of the law at issue, to read the posting instead of refusing to consider it.

A well - qualified appellate judge, she would put another woman on the high court bench.

In considering the appellate judge's reasons for decision, it is helpful to review the trial judges» findings under the other heads of damages.

The Standing Committee on Pro Bono Legal Service is appointed by the President - Elect of The Florida Bar and is composed of: five (5) members of the Board of Governors of The Florida Bar; five (5) past or current directors of the Florida Bar Foundation; one (1) trial judge; one (1) appellate judge; two (2) representatives from local and statewide voluntary bar associations; two (2) public members, one of whom shall be a representative of the poor; the president or designee of the Board of Directors of Florida Legal Services, Inc; and one (1) representative of the Out - of - State Practitioners Section of The Florida Bar.

He joined The Cates Law Firm in 2012, and the firm became Cates Mahoney, LLC in January 2013 after founding partner Judy Cates left private practice and was sworn in as an appellate judge for the Fifth District Appellate Court of Illinois.

As a former law clerk of both a trial judge and an appellate judge, Brennan spent countless hours in the courtroom, which have given him a unique understanding of both trial practice and the appellate process.

The more that I think about this question, the more I conclude that it is appropriate for a federal appellate judge to be more reluctant to feel an obligation to recuse if the recusal would be based solely on the participation of an amicus or counsel for an amicus.

The Economist said it read more like «novice high - school debate speech than a ruling by a federal appellate judge.»

However, a case is often won or lost on the initial presentation to the appellate judge and counsel's focus on providing succinct and poignant answers to the most difficult questions.

Usually, the menu of options for an appellate judge participating in an opinion is limited: You either write the opinion, concur with it, dissent from it, or concur in part and dissent in part.