Sentences with phrase «appellate judges who»

If you think that what Judge Kozinski did was bad, I know of federal appellate judges who have publicly admitted to viewing child pornography: Of course, those other judges did that in the context of adjudicating appeals in which a criminal defendant was challenging the sufficiency of the evidence supporting a child pornography conviction.

But when Chief District Judge Linda R. Reade of the U.S. District Court for the Northern District of Iowa disregarded her obligation to consider Rubashkin's grounds for mercy and instead just sentenced him to 27 years behind bars, she left the appellate judges who examined Rubashkin's case with no means for determining whether the penalty she imposed was fair, just or reasonable.

Both the majority and dissenting opinion were written by appellate judges who had previously been family court judges (and, therefore, they had presumably given much thought to the kind of circumstances that should lead to a parent losing his or her parental rights).

• Retired appellate judges who want to go back to law practice will have to wait three years before they can represent a client at the court on which they served as a judge.

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.

So under the current court rules, they're doing themselves somewhat of a disservice by limiting the length of their briefs, but they decided that they'd rather have their briefs readable to the appellate judges who are reading them on their iPads.

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.

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.

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.

So, they did a lot of hard work, and good statistical analysis, regarding the voting patterns of federal appellate judge who had children.

Not exact matches

In Tuesday's ruling, a three - judge appellate panel rejected Pauley's narrow definition of «repeat infringer» as only covering users who upload infringing content, rather than ones who downloaded songs for personal entertainment.

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.»

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.

Feinman, an appellate judge, replaces Sheila Abdus - Salaam, who died in April in what authorities believe was a suicide.

Suozzi's voice cracked as he began talking about his father, Joseph Suozzi, a former Glen Cove mayor and city court, state Supreme Court and appellate court judge who died at age 95 on Oct. 16, less than a month before his son was elected to Congress.

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).

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.

«Clearly it was very, very conservative and he had made decision after decision on the appellate court, and it ended up that he didn't get confirmed and the person who got confirmed as a Supreme Court judge — I can't even remember his name.»

Judge Leslie Stein, who previously served in the appellate division in Albany, did not participate in the ruling, but all six remaining judges agreed.

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.

Named as the nation's 15th chief justice by President Richard M. Nixon in 1969, Mr. Burger disappointed Mr. Nixon, who admired the judicial conservativism Mr. Burger had espoused as a federal appellate judge.

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.

[M] aybe divisions of appellate courts think that if they ignore their own precedents they won't get called on this by their colleagues, especially if a judge on the appellate panel was part of the panel deciding the precedents; or there's nobody outside the court (who might matter) to to complain because it's an appellate court of final resort; or it's an inferior appellate court but the panel has good reason to believe the final appellate court won't grant leave to appeal.Whatever the reason, such judicial conduct unacceptable.

I really don't know, but then again neither do appellate experts such as Howard Bashman, who writes, «Just when you thought that every possible type of appellate opinion had already been created, Ninth Circuit Chief Judge Alex Kozinski goes and invents one more.»

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.

• 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.

EDWIN STERN, a former New Jersey appellate division judge who earlier this year completed a temporary assignment on the New Jersey Supreme Court, is now counsel at Gibbons in the firm's business and commercial litigation department.

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:

At Scarinci Hollenbeck, our veteran appellate practitioners, some who were law clerks to Appellate Judges and N.J. Supreme Court Justices, have gained an intimate knowledge of the appellate process that trial lawyers, who may only occasionally be involved in an appeal, do not possess.

The bill would require recusal by any judge or justice «when a party or party's attorney to the proceeding before the judge was a member of the appellate judicial commission or a circuit judicial commission who nominated the judge.»

In Munster v. Groce, an Indiana appellate court judge chastised a lawyer for failing to search the internet for a missing party after the court itself had conducted a cursory search and immediately obtained a different address for the missing as well as an obituary listing numerous relatives who might have known his whereabouts.

A Florida appellate judge similarly called out a lawyer who merely checked directory assistance in search of the defendant's address, calling such a method the equivalent of «the horse and buggy and the eight track stereo.»

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.

Going further, the Court of Appeal indicated that, as per the decision in Mehedi v. 2057161 Ontario Inc., 2015 ONCA 670 (CanLII), at para. 20, the Sagaz test necessarily «includes considerations of finality, the apparent cogency of the evidence, delay, fairness and prejudice» and that an appellate court must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened».

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).

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.

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.

trial judges who remain unsatisfied by counsel's submissions should provide clear and cogent reasons for departing from the joint submission (and as the S.C.C. wrote, these «[r] easons will... facilitate appellate review.»)

I agree Gall's is a galling opinion, in which appellate judges substitute their views for those of the district judge who actually examined and evaluated the living and breathing person being sentenced.

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

I also like that Rakoff threw in one of my favorite jokes about a trial judge, appellate judge, and Supreme Court Justice (I tell it with a law professor) who go duck hunting.

I'm glad to see that there are still professors out there who try to write things that courts would care about instead of lamenting the lack of interest by appellate judges in Disaggregating the Paradox of Robustness.

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.

As an aside, exactly how is it possible to appeal a case, and have the appellate judge be the EXACT SAME guy who presided over the original trial and made statements that Avery should never be free to walk the streets again?

Judges may make better choices and there is a clearer basis for appellate judges to monitor lower court judges for mistakes or manipulation and for the legislature to make its wishes known about who should be making a decJudges may make better choices and there is a clearer basis for appellate judges to monitor lower court judges for mistakes or manipulation and for the legislature to make its wishes known about who should be making a decjudges to monitor lower court judges for mistakes or manipulation and for the legislature to make its wishes known about who should be making a decjudges for mistakes or manipulation and for the legislature to make its wishes known about who should be making a decision.

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.

An understandable exception to this practice has been the appointment of Supreme Court justices, who as the unreviewable arbiters of the meaning of the Constitution loom much larger in national policy than trial or appellate judges.