Sentences with phrase «appellate judge issued»

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 public.

Not exact matches

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.

The five - judge appellate court panel ruled that the city's right to appeal Murphy's intermediate order ended when Murphy issued his final order.

Still, as a federal appellate judge, Gorsuch has issued hundreds of opinions that offer some idea of where he might stand on health and science issues.

In short, the outcome would appear to turn on the views of its newest member — a product of Catholic schools who, as Arizona Supreme Court justice Clint Bolick explains in this issue (see «Gorsuch, the Judicious Judge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate jJudge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate judgejudge.

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.

They are not qualified to determine scientific issues: they are politically selected, regardless of whether they are state or federal or local judges, trial or appellate judges.

A subsidiary, and, as time may tell, perhaps a more significant issue, was how an appellate court should deal, on appeal, with a legal services order made by the judge below.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

[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.

Instead, lawmakers chose to let Tennesseans weigh in on the issue in 2014, when voters will be asked whether a modified federal process — gubernatorial appointment, legislative confirmation, and retention elections — should be used to select appellate judges.

During this hearing, the appellate judges ask the attorney questions about issues initially raised in the appellate brief.

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.

Ultimately, the objective is to present an argument based on the law that will persuade the appellate judges to hear the appeal and issue a favorable ruling.

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.

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.»

Trial court and appellate judges will then issues decisions affirming, denying, or modifying the decisions made below.

When the appellate court received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously ruled.

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.

The judge recognizes that there are some potential appellate issues here, like whether all five victims should have been allowed to testify in his second trial.

Judge Ahalt has successfully mediated tens of thousands disputes in areas including complex business transactions, construction, personal injury, medical malpractice, real estate, landlord and tenant, and contracts.He is frequently called upon by the parties and judges to mediate the most challenging judicial controversies involving post trial and appellate issues.

On the other hand, these are awfully serious issues — just ask the court - martialed Marine, or the two Armed Forces appellate judges who filed separate opinions.

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.

«The majority opinion reflects the persistent disregard in a number of judgments that this Court has issued of the clear and unequivocal directions of the Supreme Court of Canada that emphasize the importance of individualized sentencing and limit appellate intervention in the exercise of sentencing discretion by trial judges.

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.

After surveying numerous state and federal appellate judges, Judge Aldisert was not able to come to a conclusive magic number for issues.

In the majority opinion, Circuit Judge Moore stated that the court granted rehearing to reaffirm the limits of appellate review, including review of claim construction issues in light of Teva Pharms., Inc. v. Sandoz, Inc., 135 S. Ct. 831 (2015).

Although I have previously argued that the Piresferreira decision was legally wrong and, in fact, contrary to other appellate decisions including Sulz v. Canada, 2006 BCCA 582 and Queen v. Cognos, (the Supreme Court of Canada did not disturb or address the trial judge's award of $ 5,000 in damages for «emotional stress» in its decision in Queen v. Cognos Inc., [1993] 1 SCR 87,) this post will focus on a different issue: whether the decision highlights the differences to which claims of a hostile work environment can be put.

Several academics have proposed algorithms for predicting case outcomes based on information such as the composition of an appellate panel and the ideology, gender and background of the judges, and these algorithms have generally performed better than law professors» predictions based on the legal issues involved.

«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.»

Mark Bennett at Defending People turned me on to Issues and Holdings, a blog by New Mexico prosecutor Kirk Chavez, who in turn lead me to Judging Crimes, by Joel Jacobsen, Assistant Attorney General in New Mexico representing the prosecution in appellate courts.

The chapters in this Issue address the various purposes of sentencing, the special role of federal criminal justice in our federal system, the institutions and actors at the rulemaking and adjudicative stages (including Congress, the Commission, trial and appellate judges, and advocates), and the basic substantive and structural elements of sentencing systems.

Whatever one thinks about the Court's purported moves to the right on other issues, in the arena of criminal sentencing, federal defendants certainly should be more hopeful arguing before the current Justices than before any other group of appellate judges.

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.»

The appellate court determined the trial judge was entitled to credit plaintiff's declarations over those of the defense on this issue.

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.

Any finding by a trial or appellate judge that a prosecutor has improperly lied to the court about material issues, or who has knowingly withheld exculpatory evidence, shall be reported by the presiding judge to the Bar Counsel for investigation and said report shall be part of the public record.

Karnow also wrote a published paper on bail reform that has been quoted widely in appellate and federal decisions requiring trial judges to consider a defendant's ability to pay in setting bail — an issue of great concern for citizens of color and LGBT people, many of whom lack the resources to post high bail amounts.

As is frequently the case with appellate courts, the lawyer's issues were sidetracked by questions which the judges thought up.

I didn't check through the other instances of Kusk cites at the appellate level to see if any of them involve this sort of issue or at the trial level to see if they're reports of trial judge's ruling on the (in) admissibility of this type of question.

My favorite aspects of being an appellate judge on the highest state court are that I can work on important cutting edge legal issues and resolve them fairly and justly not only for the parties involved but also for the law of the state, that I discuss the judicial system with the public and listen to the people's concerns, and that I have opportunities to improve the administration of justice.

I don't think my service as an appellate judge has changed my views on the difficult issue of illegal drugs.

Its authors, all partners in Smith Law Group LLLP, offer insight and commentary on issues relevant to trial lawyers, in - house counsel, trial and appellate judges, and others interested in appellate matters.