Sentences with phrase «appellate judge in this case»

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.

Not exact matches

The appellate judges in Silver's case found that, under the Supreme Court's ruling, the instructions given to the jury at Silver's trial were improper and prejudicial.

Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.

Judge Judith Kaye, a former chief judge of the state appellate court, investigated whether Paterson interfered in the domestic violence case involving David Johnson, a former top Judge Judith Kaye, a former chief judge of the state appellate court, investigated whether Paterson interfered in the domestic violence case involving David Johnson, a former top judge of the state appellate court, investigated whether Paterson interfered in the domestic violence case involving David Johnson, a former top aide.

Fortunately, progress in stem - cell research can still continue through non-federal funds, and the prevailing zeitgeist does seem to favor an eventual nullification of the decision: Yesterday, another overreaching legal case bit the dust when an appellate judge dismissed a lawsuit that claimed CERN's Large Hadron Collider risked destroying the Earth.

Since then, a high - profile court battle ensued, resulting in a Superior Court judge finding that the program violates the state's constitutional mandate to use public funds only for public schools — but thanks to a Court of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state appellate courts.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

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.

Just published is the appellate decision of Judge Dight, assisted by Master Whalan, in the case of May v Wavell.

[26] In a case such as this, the essence of the complaint is not that the reasons are functionally insufficient — the parties agree that on their face, the reasons explain what was decided and provide a basis for appellate review — but rather that the judge's wholesale incorporation of the material of others shows that he did not put his mind to the issues and decide them impartially.

Rather, it merely proves that the different regional federal appellate courts follow somewhat different rules governing the order in which the judges on the three - judge panel that decided the case are listed on an opinion.

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.

When you show a judge that the legislature has weighed in on your issue, or an appellate court has ruled your way in a similar case, then you're probably going to win the day.

Only three days after Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&rJudge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&rjudge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.»

Max A. Keller also has considerable experience handling appellate cases for criminal convictions, having worked under numerous judges in the Minnesota Court of Appeals.

There is an argument that this should be in a statement at the front of the case that the appellate judges prepare jointly.

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.

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.

During her clerkship, Sarah researched and analyzed novel issues in many areas of law including civil, criminal, family, unemployment, workers compensation, and juvenile to advise and recommend the resolution of appellate cases to rotating three - judge panels.

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.

Supplemental fees for posttrial and appellate work are allowed under interpretative case law, with the trial judge exercising judgment in reducing for what he deemed to be excessive work when fashioning his $ 15,000 award.

The format will have two lawyers presenting their cases in the form of appellate arguments to a panel of judges.

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.

Or, one will see cases in which the judge refers to a long list of cases — some appellate, some co-ordinate, all of which deal with the point in issue — and concludes with the line that since neither counsel cited the binding authorities, let alone any, nobody gets costs.

This point is vital because judges are free to disagree with their colleagues in the same court without fear of sanction, and the appropriate recourse in case of error is its appellate division.

Prior thereto, David served on active duty in the United States Navy as a Judge Advocate where he tried misdemeanor and felony level criminal cases as a prosecutor and defended the Department of the Navy in complex civil cases in trial and appellate courts across the country.

On appeal, these proceedings «by indictment» are reviewed by the Court of Appeal for Ontario usually before a three member panel of appellate judges although in rare cases a five member panel will sit.

The authors of the statute seem to have intended to appeal to the natural inclination of busy judges to apply the arithmetical formula in most cases rather than writing lengthy opinions that might then be subject to appellate review.

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;

Since 1938, when Sutherland's founding partner Judge Elbert P Tuttle argued in the US Supreme Court to establish a Sixth Amendment right to counsel in criminal cases (Johnson v. Zerbst, 304 US 458), our lawyers have been lead appellate counsel both in cases we have tried and in cases brought to us by other counsel after trial.

The biggest problem facing the ongoing Oracle v. Google retrial is that Judge Alsup doesn't seem to have swallowed the fact that the IP - specialized Federal Circuit found it hard to believe how one could get copyright law as wrong as he did in this case («confused» is what one of the appellate judges said at the December 2013 hearing).

Bad news for the disgruntled divorce client in the case reported on here Nov. 17: a state appellate court has ordered San Francisco Superior Court Judge Ronald Quidachay to reconsider his ruling allowing the client to claim emotional distress damages over the attorney's alleged mishandling of his divorce (which the attorney denies).

In 2007, he was appointed a Judicial Assistant to the Court of Appeal (Lady Justice Arden), which gave him an invaluable insight into the way judges decide cases and appellate work.

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.&raquIn 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.&rJudge 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.&rjudge 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.&raquin «the interest of procedural fairness and judicial finality.»

[On a side note, an excellent family court judge heard the case and the attorneys involved in the appeal are excellent family court / appellate attorneys; and I can imagine that for the newer members of the family law bar, the trial would have been an interesting one to observe (although I could guess that the trial judge would use other characterizations than «interesting.»)-RSB-

District judges have the time (because they've invested the time in pretrial hearings, trials, and sentencing hearings) to make good sentencing decisions, whereas appellate judges don't have and can't have the same time invested in each case.

He went on to proclaim that adherence to the trial record was not a ««fetish»» but rather a central foundation for «the proper role of an appellate court,» and that extrarecord factual research by appellate judges «will cause problems in our judicial system more serious than those it is trying to solve in this case.»

In a concurring opinion, the second judge in the majority lamented that the «disagreement over the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.&raquIn a concurring opinion, the second judge in the majority lamented that the «disagreement over the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.&raquin the majority lamented that the «disagreement over the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.»

Law clerks have the opportunity to engage in discussion with judges about cases they are hearing, developments in the law, aspects of the trial or appellate process, and the judicial process in general.

The appellate court sent the case of Carey v. Wolnitzek back to U.S. District Judge Karen Caldwell to determine the meaning of the word «issue» in the Kentucky Supreme Court rule that prohibits judicial candidates from saying how they will rule on «issues.»

Once appointed, appellate judges begin hearing cases in appellate court.

In the more recent case of pleural plaques, Johnston v NEI International Combustion Ltd [2007] 4 All ER 1047, judges see - sawed their way through the English appellate system to a denial of the claimant's right to make a claim for «asymptomatic injury».

Barry «is a very active judge at oral argument, which is usually a sign a judge has already read the briefs and is very actively thinking about the case,» said David Fine, an appellate lawyer based in Harrisburg, Pa. «She is very polite in questioning and at the same time also direct.»

In turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in admitting or excluding the testimony and, in some cases, have examined, without focusing on the Daubert factors, whether the expert testimony satisfied other evidentiary standards such as whether there was an adequate factual foundation for the expert's testimonIn turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in admitting or excluding the testimony and, in some cases, have examined, without focusing on the Daubert factors, whether the expert testimony satisfied other evidentiary standards such as whether there was an adequate factual foundation for the expert's testimonin admitting or excluding the testimony and, in some cases, have examined, without focusing on the Daubert factors, whether the expert testimony satisfied other evidentiary standards such as whether there was an adequate factual foundation for the expert's testimonin some cases, have examined, without focusing on the Daubert factors, whether the expert testimony satisfied other evidentiary standards such as whether there was an adequate factual foundation for the expert's testimony.

In appellate court cases, a group of judges, usually three, that decide the case.

In organized - crime drug cases, we predict that a district judge in the Eighth Circuit, where more than 80 percent of the [appellate] judges were Rs in the relevant period, would sentence a defendant to 25 more months (a 26 percent increase) than a district judge in the Ninth Circuit, where only 40 percent of the [appellate] judges were RIn organized - crime drug cases, we predict that a district judge in the Eighth Circuit, where more than 80 percent of the [appellate] judges were Rs in the relevant period, would sentence a defendant to 25 more months (a 26 percent increase) than a district judge in the Ninth Circuit, where only 40 percent of the [appellate] judges were Rin the Eighth Circuit, where more than 80 percent of the [appellate] judges were Rs in the relevant period, would sentence a defendant to 25 more months (a 26 percent increase) than a district judge in the Ninth Circuit, where only 40 percent of the [appellate] judges were Rin the relevant period, would sentence a defendant to 25 more months (a 26 percent increase) than a district judge in the Ninth Circuit, where only 40 percent of the [appellate] judges were Rin the Ninth Circuit, where only 40 percent of the [appellate] judges were Rs.

In turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in determining admission and, in some cases, have determined whether, without focusing on the Daubert factors, the expert testimony satisfied other evidentiary rules, such as whether there was an adequate factual foundation for the expert's testimonIn turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in determining admission and, in some cases, have determined whether, without focusing on the Daubert factors, the expert testimony satisfied other evidentiary rules, such as whether there was an adequate factual foundation for the expert's testimonin determining admission and, in some cases, have determined whether, without focusing on the Daubert factors, the expert testimony satisfied other evidentiary rules, such as whether there was an adequate factual foundation for the expert's testimonin some cases, have determined whether, without focusing on the Daubert factors, the expert testimony satisfied other evidentiary rules, such as whether there was an adequate factual foundation for the expert's testimony.

Litigants are now incentivized to submit more extrinsic evidence, even in cases where they would not have under the old standard, and hope the district judge will use it to craft a favorable opinion with plenty of citations to underlying facts that must be reviewed with deference by the appellate court.

For anyone who practices regularly in federal appeals — especially the many appellate practitioners who did not clerk for federal appellate judges themselves — this article sheds very useful light on how cases get decided.

We include the first openly lesbian judge in the nation; the first openly gay and lesbian appellate judges in California history; the founder of the National Center for Lesbian Rights; founders and former executive directors of Equal Rights Advocates and the East Bay Children's Law Offices; a former chief attorney in the San Francisco public defender's office, as well as several other former public defenders; a former California labor commissioner; a former chief deputy attorney general; and a former chief deputy city attorney and the lead counsel who successfully argued the historic gay marriage case that changed lives in our community forever.