Sentences with phrase «appellate judge says»

One Ohio appellate judge says on her profile that she is open to «career opportunities» and «business deals.»

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

The appellate judges said it is up to the General Assembly, not the courts,...

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).

In a dissent, one of the appellate judges said no argument had been made that the brokers used illegal means to obtain the commission, a precondition for forbidding the awarding of contingency fees.

Not exact matches

«Now the appellate court will need to review errors» made by the judge, attorney John Beisner said in an e-mailed statement.

But according to the motion filed Friday, the appellate court ignored the words of Cook County Circuit Judge Dorothy Kinnaird, who said the state had «virtually no chance of success» in its lawsuit.

Speaking to NY1 Political Anchor Errol Louis, Cuomo said he will nominate appellate judge Paul Feinman to the state's Court of Appeals.

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.

At the end of March, a panel of appellate judges dismissed Silver's appeal, saying it's up to Caproni to decide if the documents are relevant to his impending sentencing and should become public.

«We disagree with the judge's final judgement, so we're exploring appellate options at this point,» de Blasio said

In asking the Court of Cassation to review the verdict, he said that the appellate judges should have held the scientists to account for failing to object to the idea of an energy discharge.

With Senate hearings on U.S. Supreme Court nominee John G. Roberts Jr. scheduled to begin Sept. 6, several education groups said last week that they were content to wait on opining about whether the federal appellate judge should become the high court's next associate justice.

[37] While Pima County Superior Court Judge James Marner had said the university did not abuse its discretion in concluding that disclosing the documents would not be in the best interests of the state, appellate Judge Joseph Howard said it was legally irrelevant what university officials thought was appropriate to disclose.

The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.

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

According to appellate court records, when the defendant tried to fire his public defender, Judge Boswell said he did not have a right to represent himself.

The case was hardly frivolous, with the appellate court frowning on the trial judge's finding of lack of merit based on plaintiff simply approving a form of judgment so saying — this was hardly an admission.

Last week you said that structuring your legal writing like a logic proof — treating appellate law like mathematics — is almost always the easiest sell for appellate judges.

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.

Although most appellate courts believe in the curative powers of a judge's instructions, I always say it's better to be safe than sorry.

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.»

Without something to show the appellate judges what happened or what was said in the courtroom, they will just assume your judge did everything right.

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.

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.

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.

Judge Kimbler said his blog is primarily for attorneys wanting to know more about Medina County courts, the appellate courts, and the Supreme Court.

She said she hadn't, and prosecutors joined with Bostic's appellate attorney in asking a Florida judge to dismiss the charges and vacate the convictions relating to the 1988 rape.

â $ œJudges are going to ask a lot of questions, particularly appellate judges â $ ¦ and they actually expect answers, and they need answers, and they want answers, and lawyers who donâ $ ™ t answer the question, which is the large majority [of lawyers], lose points, because what it tells me is there is no good answerâ $» your case is indefensible, â $ Michel said.

DOJ lawyers said that under Noel Canning every intrasession recess appointment in the country's history — including ten federal trial judges, a CIA director and five appellate judges — would be unconstitutional.

If judges are saying that, they're committing reversible error, seems to me, as will be evident from Rita even if it accepts an appellate presumption.

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.»

Paul Daly, a Montreal professor who writes the Administrative Law Matters blog, says Stratas» frustration is widely held by appellate - level judges.

As it seems that Canadian appellate and trial judge are too often willing to ignore semantic accuracy, in the interests of (so it is said) justice, and so prove Humpty Dumpty right, then why should we mere Canadian lawyers care?

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.»

«This favorable decision is the result of excellent work by our appellate attorneys and reflects the overall strength and experience of our appellate practice group,» said Joseph Hatchett, Chair of Akerman's appellate practice group, former Chief Judge of the United States Court of Appeals for the Eleventh Circuit and former Florida Supreme Court Justice.

Previously, the report concluded that two key authors — Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor — violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter.

That's not CA3blog's theme, but I do say appellate lawyers need to understand judges better.

«Inertia» is merely a shorthand way of saying appellate judges intuitively feel that merely concluding a dispute often has great value.

«I know him to be a very smart, hardworking, diligent judge,» said Nancy Winkelman, an appellate lawyer at Schnader Harrison Segal & Lewis.

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.

«I can't think of very many people I have met in this profession who are more qualified or more suited to be a federal appellate judge than she is,» Sinclair said.

«I think she has the intellect and temperament to be an outstanding appellate judge,» said Dan Sinclair, a partner in the Ecker [t] Seamans law firm who graduated with Haywood in 1986.

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.

That, for suits of all sorts, criminal as well as civil, there be two instances, or say stages, or degrees, of jurisdiction: style and title of the judges, before whom the suit is brought in the first instance, judges immediate — of those before whom it is brought in the second instance, or say in the way of appeal, judges appellate.

What if anything realistically can be done to improve the nomination and confirmation process, or do you believe the process is working as it should given the significant role that you say an appellate judge's ideology plays in reaching decisions?

In particular, the job of an appellate judge is said to involve endless reading.

And how do you respond to those who say that the best way to remedy the problems associated with the Ninth Circuit's large size is to reorder the size and composition of all the federal appellate courts, a remedy that would increase the number of judges serving on, and the geographical boundaries of, the First Circuit?

Let's say, hypothetically speaking, that a 51st State is created and you are put in charge of deciding the method for selecting that State's appellate judges.

And a retired appellate court judge, famous for his family law writing, said, «Don't count on the legislature for anything.»