Sentences with phrase «as an appellate judge for»

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.

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.

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 White House is vetting Jane L. Kelly, a career public defender turned federal appellate judge, as a potential nominee for the Supreme Court.

[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.

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.

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.

Judge Erickson is as qualified as they come for judicial candidates for the federal appellate bench.

The 2003 version of Family Proceedings Rules 1991, r 8.1 (3) requires that the judge, as appellate tribunal, «be limited to a review of the decision or order of the district judge», save where the «judge considers that... it would be in the interests of justice to hold a rehearing» — as happened, for example in R v R (Lump Sum Repayments)[2003] EWHC 3197 (Fam), [2004] 1 FLR 928, where Mr Justice Wilson (as he then was) decided that the evidence before the district judge needed to be revisited by him.

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

Opponents of commission - based appointment of judges — also known as the Missouri Plan, for the state in which the judicial selection process originated — have obtained approval from the secretary of state for two identically worded proposed constitutional amendments that would establish contested elections for Missouri's appellate judges.

With respect to the judge, the first instance process and the appellate process are very different and it does not follow as night follows day that what is essential for one is also essential for the other.»

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.

There are forums for every court and judge in the federal judiciary, as well as forums for federal judicial nominees (here is the forum for John Roberts) and federal appellate court opinions.

HJR 1096 Allows salary increases for trial judges, but not for appellate judges, as recommended by Board on Judicial Compensation.

Trial judges serve as «clerks» for appellate courts and rarely consider pro se filings.

But Bowman doesn't stand a chance of ever repaying those loans now that he's been denied admission to the New York bar, because five appellate judges viewed Bowman's hefty debt and inability to repay it as evidence of a «lack of general character and fitness requisite for an attorney.»

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-.

As has become standard operating procedure in the last several sessions, the Kansas legislature is once again considering proposals to alter the process for selecting the state's appellate judges.

As such, the qualifications we look for in Supreme Court justices are more likely to be found in inside - the - beltway types, appellate judges and government attorneys now than they were a few decades ago.

In 2013, Justice Stephen Goudge was recognized as one of Canada's most respected appellate judges and an inspiration outside of the Ontario Court of Appeal for his activities aimed to promote access to justice.

More, nearly 70 percent of our incoming attorneys have served as judicial clerks for federal judges, which provides key insights into arguments that resonate with t rial and appellate judges.

Less than a week after the supreme court struck down a civil justice reform measure known as the Comprehensive Lawsuit Reform Act of 2009, some state legislators called for a study of term limits for appellate judges.

Voss volunteers annually as a judge for the Marshall - Brennan appellate advocacy competition for high school students.

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.

Gorsuch's evocations of simple judicial mantras as shorthand for the work of appellate judges was an obvious cover story.

Before joining Houser, he clerked for an appellate Massachusetts judge and then worked for several years at an international law firm in Boston, Massachusetts and Irvine, California as a litigation associate.

He has a stellar résumé that includes stints as law clerk to a federal appellate judge, lawyer for the NAACP Legal Defense and Education Fund, top Justice Department civil rights lawyer under President Clinton and general counsel of The Coca - Cola Co..

He volunteers annually as a judge for the Marshall - Brennan Constitutional Literacy Project, which includes an appellate advocacy competition for high school students, and as a judge at Drexel University Thomas E. Kline School of Law for first - year oral arguments in Legal Methods.

Another aspect of this case is the the Superior Court judges» complaint concerns Quebec's unique use of its provincial court as an appellate body for its administrative tribunals, generally without a right of further appeal.

An early round win, such as defeating the adverse party's bid for a preliminary injunction, is no guaranty the other side won't prevail, with or without an assist from a panel of appellate judges.

Ravel Law has analytics for every federal judge and magistrate in the country, as well as all state appellate judges.

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.

She began her legal career as a law clerk for two appellate judges (one state, one federal) and then worked for a small D.C. law firm with a national practice before moving to Spokane, Washington to work as a federal public defender.

For example, Kenneth Chestek found that judges, law clerks, and practicing lawyers rated sample briefs with strong narrative components as more persuasive than sample briefs without strong narrative components.13 Sean Flammer found that judges rated sample briefs as more persuasive when they were written in plain language rather than in legalese.14 Similarly, Robert Benson and Joan Kessler found that appellate judges and their law clerks preferred briefs written in plain language rather than in legalese.15 Finally, Joseph Kimble and Steve Harrington found that judges and attorneys preferred plain language over legalese.16 These studies, however, measure only the judges» and lawyers» stated preferences for particular styles of writiFor example, Kenneth Chestek found that judges, law clerks, and practicing lawyers rated sample briefs with strong narrative components as more persuasive than sample briefs without strong narrative components.13 Sean Flammer found that judges rated sample briefs as more persuasive when they were written in plain language rather than in legalese.14 Similarly, Robert Benson and Joan Kessler found that appellate judges and their law clerks preferred briefs written in plain language rather than in legalese.15 Finally, Joseph Kimble and Steve Harrington found that judges and attorneys preferred plain language over legalese.16 These studies, however, measure only the judges» and lawyers» stated preferences for particular styles of writifor particular styles of writing.

In a series of interviews with legal writing expert Bryan Garner, Supreme Court Justices affirmed the importance of briefs to the appellate process and the need for lawyers to write clearly.7 In a recent study, Judge Richard Posner found that judges view writing as equally if not more important than oral advocacy.8 Continuing legal education programs offered by state bar associations frequently address the need for effective legal writing.9 No one disputes that lawyers should write well.10

His judicial experience included serving as a Supervising Judge of the family law panel for 3 years, Presiding Judge of the court's appellate division, and a special master for the Commission on Judicial Performance.

While Judge Posner is an appellate judge, he is sitting, for this case, on the bench of a district court, which is a first - instance (as opposed to an appeals) cJudge Posner is an appellate judge, he is sitting, for this case, on the bench of a district court, which is a first - instance (as opposed to an appeals) cjudge, he is sitting, for this case, on the bench of a district court, which is a first - instance (as opposed to an appeals) court.

The answer is that prior service as a trial judge, which should be a prerequisite for being an appellate judge, will now be a detriment.

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.»)

The reasons as rendered by the judge did allow for a meaningful appellate review.

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 testimony.

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.

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

(1) is not required to comply with Canons 4A (4), 4A (5), 4D (2), 4E, 4F, or 4H (3); (2) except as provided in the Conflict - of - Interest Rules for Part - time Magistrate Judges, should not practice law in the court on which the judge serves or in any court subject to that court's appellate jurisdiction, or act as a lawyer in a proceeding in which the judge has served as a judge or in any related proceeding.

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 testimony.

All associates in the group have spent at least a year as law clerks for an appellate judge, with over half previously clerking for a U.S. Supreme Court Justice.

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.

Even as a former appellate clerk myself, I have to actively resist the habit of thinking of the judges as the only audience for my briefs.

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.