Fortunately, the prosecutor was not as sensitive
as the appellate judges; apparently, he laughed off the reference.
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 judge.
Obama and the Committee could compromise over a nominee such
as appellate judge Sri Srinivasan, whose recent 2013 nomination to the Court of Appeals was approved on a 97 - 0 vote with strong praise from Republicans.
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.
Marianne Short Executive Vice President and Chief Legal Officer UnitedHealth Group September 15, 2017 Marianne Short, Executive Vice President and Chief Legal Officer at UnitedHealth Group, discusses UnitedHealth Group's pro bono efforts and the role providing pro bono legal services played in her own career, including 12 years
as an appellate judge on the Minnesota Court of Appeals.
The man Kagan hopes to replace, Justice John Paul Stevens, had served five years
as an appellate judge before his 1975 promotion to the Supreme Court.
I don't think my service
as an appellate judge has changed my views on the difficult issue of illegal drugs.
She also wrote 22 concurring opinions and 21 dissents
as an appellate judge.
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.
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.
Ragusa «submitted evidence showing that [he] was elected chairman of the Queens County Republican Party at a Queens County Republican Party meeting held on or about Oct. 3, 2009, and that the statewide Republican Party subsequently recognized Ragusa
as chairman of the Queens County Republican Party,» the
appellate judges wrote in their decision Tuesday against Berney.
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.
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.
«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.»
As a footnote, Peters» distinguished judicial career — she'll retire as chief judge of the district appellate court — got off to a curious star
As a footnote, Peters» distinguished judicial career — she'll retire
as chief judge of the district appellate court — got off to a curious star
as chief
judge of the district
appellate court — got off to a curious start.
Kavanagh, a former Ulsterdistrict attorney, is an
appellate judge and should he be re-elected
as a sitting
judge would likely be reappointed by Gov. Andrew Cuomo.
The list also ensured that the next chief
judge of the state's highest court won't come from the state's
appellate level,
as Cuomo's last three nominees to the court did.
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.
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.
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.
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.
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.»
Yet,
as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial
judge (with quotes) and the conclusions of any
appellate decisions (also with quotes).
The
appellate court construed Gonzalez «
as indicating that the trial
judge must not assume the maximum amount of attorney fees permissible under MICRA constitutes reasonable fees.
[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.
The
appellate court
judges are required to presume the jury's decisions at trial were correct —
as long
as the record on appeal contains evidence to support the jury's verdict.
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.
Andy Levy is widely regarded
as one of Maryland's premier trial and
appellate lawyers, equally comfortable in civil and criminal courtrooms, before jury,
judge, or arbitrator.
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 querie
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 querie
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.
As a former law clerk of both a trial
judge and an
appellate judge, Brennan spent countless hours in the courtroom, which have given him a unique understanding of both trial practice and the
appellate process.
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 Claims.
Judge Erickson is
as qualified
as they come for judicial candidates for the federal
appellate bench.
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.&r
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.&r
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.»
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.
Virginia
appellate judges as of today (July 1), will see their mandatory judicial retirement age increase from 70 to 73 under a bill signed into law this spring.
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.
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 saw fit.
The difficulty with that argument was,
as the appeal
judge accepted, virtually all
appellate judges and many High Court
judges are not at the aforesaid face.
The court confirmed that an
appellate court should interfere only where a mistake is made
as to an «extricable question of law» or where overall the trial
judge reached a completely irrational decision.
Given that the two are necessarily bound up
as part of a unitary determination by the trial
judge, what clarification do we therefore have
as to how the
appellate courts should go about their role?
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.
Many
appellate court
judges are known
as «feeder
judges»
as they have a history of having their former clerks hired by the Supreme Court.
As a young lawyer or intern, most attorneys will
judge your lawyerly skills not by reading your
appellate briefs or summary judgment motions — but by reading your emails.
The resolution expresses the CBA's view that to achieve «a reconciliation of the prior occupation of Canada by Indigenous societies with the subsequent assertion of Crown sovereignty»
as required by s. 35 of the Constitution Act, 1982, an effort must be made to appoint aboriginal
judges to
appellate level Canadian courts, including the Supreme Court of Canada.
HJR 1096 Allows salary increases for trial
judges, but not for
appellate judges,
as recommended by Board on Judicial Compensation.