Sentences with phrase «appellate judge from»

Not exact matches

When he lost his appeal in 2011, a New Jersey appellate judge wrote, «The largest portion of Mr. Trump's fortune, according to three people who had had direct knowledge of his holdings, apparently comes from his lucrative inheritance.

A Chinese Christian's hopes for asylum in America now have new life, after an appellate court overturned a denial from a judge who found that the applicant's answers to questions about Christianity were «hesitant» and «evasive.»

The Grocery Manufacturers Association (GMA) and other groups today filed a brief with a federal appellate court explaining that a district court judge erred in refusing to block implementation of Vermont's law mandating warning labels on products with ingredients from genetically engineered (GE) plants.

JUDGE BLOCKS BODY CAM VIDEOS» RELEASE — New York Times's Ashley Southall: «A state appellate judge issued a temporary order on Monday blocking the New York Police Department from releasing video from officers» body cameras to the puJUDGE BLOCKS BODY CAM VIDEOS» RELEASE — New York Times's Ashley Southall: «A state appellate judge issued a temporary order on Monday blocking the New York Police Department from releasing video from officers» body cameras to the pujudge issued a temporary order on Monday blocking the New York Police Department from releasing video from officers» body cameras to the public.

The NYCLU — along with Public Advocate Letitia James, the Legal Aid Society, the NAACP and the New York Post — filed the appeal in the appellate division of New York Supreme Court to overturn a judge's decision not to release testimony from the grand jury.

Jonathan Lippman, who was chief judge of the state Court of Appeals from 2009 through last year, has joined the New York office of Latham & Watkins LLP, where he will provide expertise on state law and appellate matters while remaining a high - profile advocate on the public policy issues.

Brooklyn federal prosecutors told appellate judges they should get another shot at showing that former Senate Majority Leader John Sampson embezzled about $ 400,000 from foreclosure sales — but the defense said no charges against the disgraced ex-pol should stand.

A five - judge panel from the Court of Appeals, the state's highest court, upheld the appellate ruling last week, setting the stage for Friday's count.

An appellate judge in Western New York will consider reversing a temporary restraining order which among other things, prohibits the governor from vetoing a bill that stops the collocation of the region's children and adult psychiatric centers.

A Manhattan appeals judge blocked city officials from releasing police body camera footage until an appellate panel hears arguments on a case filed by the police union to keep the...

The list also ensured that the next chief judge of the state's highest court won't come from the state's appellate level, as Cuomo's last three nominees to the court did.

Trump has already appointed eight appellate court judges, a rapid pace that's been fueled by the GOP - controlled Senate and pressure from conservative advocacy groups.

Yet federal appellate judges resisted intervention, and instead showed that the Individuals with Disabilities Education Act (IDEA), when followed to the letter, may protect school officials from liability.

Obama and the Committee could compromise over a nominee such as appellate judge Sri Srinivasan, whose recent 2013 nomination to the Court of Appeals was approved on a 97 - 0 vote with strong praise from Republicans.

«Appellate Daily has the latest news headlines from all thirteen federal appellate courts, along with judge spotlights, case analysis, and related commentary.»

Answer: No, sometimes every judge serving on a federal appellate court finds it necessary to recuse themself from an appeal pending in their court, and federal appellate judges serving on a neighboring circuit will be assigned to sit by designation to resolve the appeal.

With over one hundred trials and fifteen arguments in the federal appellate courts, I have appeared before a lot of judges and seen good and bad practices from the bench and believe that I have learned from them.

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.

HJR 1 as filed limits appellate judges (Supreme Court and District Courts of Appeal) to 12 consecutive years in office and prohibits them from being reappointed for 1 year after leaving office.

Apart from the advent of computer - assisted legal research, this article remains a useful description of the expectations appellate judges have for their clerks and some of the values of a clerkship experience to the new law graduate.

HJR 1 appears to be similar if not identical to the 2015 version (HJR 197); it limits appellate judges (Supreme Court and District Courts of Appeal) to 12 consecutive years in office and prohibits them from being reappointed for 1 year after leaving office.

The ruling that makes clear that an appellate court can reverse a guidelines sentence, even when it is followed by the trial judge, implies far more latitude to deviate from the guidelines when the trial judge disagrees with the way the guidelines work in a particular case.

In 2012, voters rejected a proposed constitutional amendment that would have allowed the governor to appoint a majority of the members of the appellate judicial commission and given the governor four nominees, rather than three, to choose from in appointing appellate judges.

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.

This method of instruction, embraced by nearly all U.S. law schools, encourages students to review appellate court decisions, analyze the judge's reasoning and findings and deduce general legal principles from specific cases.

Opponents of commission - based appointment of judges — also known as the Missouri Plan, for the state in which the judicial selection process originated — have obtained approval from the secretary of state for two identically worded proposed constitutional amendments that would establish contested elections for Missouri's appellate judges.

Virginia appellate judges as of today (July 1), will see their mandatory judicial retirement age increase from 70 to 73 under a bill signed into law this spring.

Smith's Blawg Review # 123 is styled as an appellate decision that sets a great precedent for future Blawg Reviews by covering a wide range of subjects, from the Nixon Peabody theme song debacle to judges who write and cite law blogs.

In reviewing the trial judge's order, the Court of Appeals took offense at the comment, feeling that the trial court had unfairly lashed out at the appellate judges because precedent precluded the judge from resolving the case as he saw fit.

So what are appellate judges to do when they come across relevant discussion from the blogosphere on a case pending review?

Given that expression of public sentiment, which it is submitted is an obvious one, the Supreme Court's judgments in Morse must raise real questions of the ability of appellate judges who are far removed from the day - to - day world of ordinary New Zealanders to interpret and apply statutes that are said to embody New Zealand values.

According to yesterday's news (see here for an article from the National Post), the government of New Brunswick will be asking the Supreme Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-RRB-.

Judge Chris Altenbernd (who served as chief judge from 2003 - 2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already Judge Chris Altenbernd (who served as chief judge from 2003 - 2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already judge from 2003 - 2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already lost:

If admissibility is challenged — as it was in Kennedy v Cordia (the appellate court held the judge did not need «instruction or advice» from the expert)-- the first consideration is the assistance to the court which the expert can give.

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.

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

Representing judge in First Amendment defense to contempt proceedings arising from judge's published criticism of appellate court.

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 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 judge that may result from such text;

It is because of the existence of these two appellate proceedings that the Case Management Judge dismissed the request for removal made by the opposing party, and explained that the removal from the list of cases based on the aforementioned Article 526:

Eventually, you may have the opportunity to present a second brief or participate in an oral argument in order to refute any statements from the appellate court judge.

However — with one exception I know about — in Reilly v. Lynn 2003 BCCA 49 (Southin J.A. dissenting — though this wasn't the point of the dissent) when discussing the scope of appellate power to review lower court findings of fact, said that once upon a time it was important for that court to take into account which judge the appeal came from because of the quality of the judge — nobody says that openly.

When judges hit the target anyplace, the sentence is reasonable from the appellate point of view.

It has been said that appellate practice is the last refuge of the generalist because appellate practitioners are tasked with communicating complicated — and occasionally arcane — subjects to a panel of generalist appellate judges, who on any given day, wrestle with a wide array of topics, ranging from land use law, family law, personal injury, and criminal law, among countless others.

An early round win, such as defeating the adverse party's bid for a preliminary injunction, is no guaranty the other side won't prevail, with or without an assist from a panel of appellate judges.

Both gubernatorial candidates oppose Amendment 3, a proposed constitutional amendment that would allow governors to appoint a majority of the members of the appellate judicial commission and give governors four nominees, rather than three, to choose from in appointing appellate judges.

The NYU Law Review has a barn - burning speech from the chief judge of the state's appellate bench, who sees the judiciary as the leader of the access to justice revolution (pdf).

A three - judge appellate panel heard arguments on September 13 from Kiersh and Assistant U.S. Attorney John Gidez.

«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.»

In the event that removal is recommended, a seven - member Review Tribunal of appellate justices, also appointed by the Texas Supreme Court, will review the record of the public trial and the hearing before the Commission to determine if the judge should be removed from office.

That judges deviate from the proper sentencing range does not in itself justify appellate intervention.