Sentences with phrase «appellate judges in those courts»

However, the number of appellate judges in those Courts is much larger.

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.

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.

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.

In a 1984 fight between Lake in the Hills and Crystal Lake over the property that is now the Lake in the Hills Airport, an appellate court judge ruled that the first valid eminent domain nullified subsequent condemnation effortIn a 1984 fight between Lake in the Hills and Crystal Lake over the property that is now the Lake in the Hills Airport, an appellate court judge ruled that the first valid eminent domain nullified subsequent condemnation effortin the Hills and Crystal Lake over the property that is now the Lake in the Hills Airport, an appellate court judge ruled that the first valid eminent domain nullified subsequent condemnation effortin the Hills Airport, an appellate court judge ruled that the first valid eminent domain nullified subsequent condemnation efforts.

A panel of seven appellate court judges has unanimously upheld the 2011 conviction of GOP operative John Haggerty of charges related to the theft of $ 1.1 million worth of Mayor Bloomberg's money during the billionaire mayor's third (and final) re-election campaign in 2009.

But between Aug. 17, when a federal district court judge in Albany revived Pidot's candidacy by ordering the new election, and the appellate court's overruling of the district court two weeks ago, Martins and Pidot raised and spent money.

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.

In Thursday's ruling, the appellate court ruled the judge's erroneous instruction to the jury at Silver's trial «was not harmless because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by law for the verdict to stand.»

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.

He has already made two appointments: Jenny Rivera, a Latina and law professor, (replacing Carmen Beauchamp Ciparick, his father's appointee and the first Hispanic judge on the court); and Sheila Abdus - Salaam, an associate justice in the appellate division, who is the first black woman to serve on the court, (she replaced the late Theodore Jones, an African - American appointee of former Gov. Eliot Spitzer).

The SC is not a trial court but an appellate one and should never constitute itself into a prosecutor, judge and jury and sit in its own cause as if it is the Chief's Palace where the accused is hauled before the Chief and his elders, tried, found guilty and ordered to present seventy - two rams and seventy - two bottles of schnapps to pacify the gods and ancestors in a constitutional democracy.

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.

But Justice Gabriel Kolawole, in his judgment, delivered on July 1, 2015, held that he lacked jurisdiction to entertain the suit while the June 8, 2015 judgment of the Lagos Division of the Federal High Court, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate cCourt, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate courtcourt.

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.

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 judgIn 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 judgin 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.

That was confirmed in April when a California appellate court overturned the trial judge.

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 cocourt 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 coCourt 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 coCourt 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.

In May, one of the three appellate court judges, Barrington Parker, compared the injunction to «something that would appeal to, you know, Huns or the Taliban.»

In particular if I lost at the appellate court, I'd petition for en - banc review by all the judges in that appellate court before appealing to the Supreme CourIn particular if I lost at the appellate court, I'd petition for en - banc review by all the judges in that appellate court before appealing to the Supreme Ccourt, I'd petition for en - banc review by all the judges in that appellate court before appealing to the Supreme Courin that appellate court before appealing to the Supreme Ccourt before appealing to the Supreme CourtCourt.

[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.

Also, the judge is within his rights to punish the potential juror if he determines that the potential juror is actually lying about his ability to be impartial in an effort to evade jury service rather than because he sincerely believes that he can't be fair, and judges have wide authority to determine the credibility and truthfulness of statements made to him in open court (i.e. if the trial judge finds that you are lying, this determination will almost always be honored by an appellate court considering the judge's actions).

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.

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 irregulacourt (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 irregulaCourt 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 irregulaCourt 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.

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.

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

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.

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.

There are several anticipated efforts in 2014 to alter processes for selecting state court judges, particularly in states with commission - based gubernatorial appointment of appellate judges.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

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.

As a Principal of Newman ADR, retired Justice Sandra Schultz Newman uses her experience as a former Pennsylvania Supreme Court Justice to help attorneys identify likely points of contention in their briefs, to anticipate questions that will be asked, to organize the appellate argument, and to be primed and ready to give clear, crisp and on - point answers to a judge or justice's queries.

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.

This marks the second effort in the last several years to have intermediate appellate court judges sit as trial judges; Michigan made a similar move in 2013 when it made specially designated judges of that state's Court of Appeals into the state's Court of Clcourt judges sit as trial judges; Michigan made a similar move in 2013 when it made specially designated judges of that state's Court of Appeals into the state's Court of ClCourt of Appeals into the state's Court of ClCourt of Claims.

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.

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.

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.»

A dozen judges (nine federal judges) have used it, including in opinions for the Fifth Circuit, the Supreme Court of Kentucky, several federal district courts and state appellate courts.

Further, the appellate court noted that the trial court judge properly considered the factors in Virginia Code Section 20 - 107.1 (E), including husband's adultery which was significant but not the ultimate cause of the dissolution of the marriage.

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

Aug. 18, 2015)-- authored by Circuit Judge M.D. Smith; discussed in our Aug. 18, 2015 post: California Civil Code § 1717 policy trumps a foreign choice - of - law clause for fee recovery purposes, accepting ABF Capital / Grove Properties over ABF Capital / Berglass approaches by California's intermediate appellate courts.

As mentioned supra, many appellate court judges have expressed a strong preference for clear and precise language in appellate briefs.

In addition to the holidays, I argued at the Fifth Circuit; published two articles at The Huffington Post (here and here); produced a podcast episode on appellate practice for the ABA's Sound Advice series; gave a presentation to the Dallas Bar Association (about the post-election Supreme Court and Trump's list of possible nominees); participated in a panel discussion about e-briefs and legal writing at the annual meeting of the Council of Chief Judges of State Courts of Appeal (in North Carolina); was cited on SCOTUSblog and the Appellate Advocacy Blog (both here and here); and was quoted by Bloomberg (here, here, here, and here), CNN, and the Winnipeg Free PresIn addition to the holidays, I argued at the Fifth Circuit; published two articles at The Huffington Post (here and here); produced a podcast episode on appellate practice for the ABA's Sound Advice series; gave a presentation to the Dallas Bar Association (about the post-election Supreme Court and Trump's list of possible nominees); participated in a panel discussion about e-briefs and legal writing at the annual meeting of the Council of Chief Judges of State Courts of Appeal (in North Carolina); was cited on SCOTUSblog and the Appellate Advocacy Blog (both here and here); and was quoted by Bloomberg (here, here, here, and here), CNN, and the Winnipeg Free Presin a panel discussion about e-briefs and legal writing at the annual meeting of the Council of Chief Judges of State Courts of Appeal (in North Carolina); was cited on SCOTUSblog and the Appellate Advocacy Blog (both here and here); and was quoted by Bloomberg (here, here, here, and here), CNN, and the Winnipeg Free Presin North Carolina); was cited on SCOTUSblog and the Appellate Advocacy Blog (both here and here); and was quoted by Bloomberg (here, here, here, and here), CNN, and the Winnipeg Free Press.

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

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 sawCourt 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 sawcourt had unfairly lashed out at the appellate judges because precedent precluded the judge from resolving the case as he saw fit.

• Other Suggestions - Some of the remaining suggestions include adding more justices to the court, diversifying lawyers who serve on the court (currently, all are former appellate judges) and of course, allowing cameras in the courtroom.