Sentences with phrase «by appellate judges»

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.

He went on to proclaim that adherence to the trial record was not a ««fetish»» but rather a central foundation for «the proper role of an appellate court,» and that extrarecord factual research by appellate judges «will cause problems in our judicial system more serious than those it is trying to solve in this case.»

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).

Brent Kendall of The Wall Street Journal reports that «Appeals Court Questions Grounds for Canceling Policy on «Dreamers»; Trump's effort to end DACA program reviewed for first time by appellate judges.»

Unfortunately, sorting by appellate judge using these tools by LexisNexis are not yet available in Canada.

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.»

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 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.

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.»

Here's the decision by four appellate court judges — two Democrats and two Republicans — dismissing Sen. Craig Johnson's appeal of a Dec. 4 ruling of State Supreme Court Justice Ira Warshawsky that handed the 7th SD race to Republican Jack Martins.

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.

A Manhattan appeals judge blocked city officials from releasing police body camera footage until an appellate panel hears arguments on a case filed by the police union to keep the...

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.

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 court.

If one of the commissions fails to reach a compromise by the deadline, the process for that chamber is turned over to a panel of six appellate judges.

Trump has already appointed eight appellate court judges, a rapid pace that's been fueled by the GOP - controlled Senate and pressure from conservative advocacy groups.

The appellate panel reached that decision even though the district judge had based the dismissal on a 1989 U.S. Supreme Court decision that was overturned last year by the Congress's adoption of the new civil - rights...

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.

The unanimous decision handed down last month by a panel of three appellate judges gives LEARN 9, a...

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 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 Court.

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).

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.

Just published is the appellate decision of Judge Dight, assisted by Master Whalan, in the case of May v Wavell.

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.

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.

While the author of that article was disturbed by this fact (calling it a «crisis»), I highly doubt that anyone would seriously recommend censuring the majority of federal appellate judges for misconduct.

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).

To the contrary, federal appellate judges are highly respected and considered some of the brightest legal minds in the country; they did nt» secure their prestigious judgeships by being slouches.

For example, the New York Times has noted that the opinions of most federal appellate judges are written by their clerks.

Therein, I wrote: «In my experience, some federal appellate judges will be more reluctant to recuse where the recusal is triggered by an amicus than if the same grounds for recusal involve a party to the appeal.»

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

Chapter five, on drafting appellate opinions, introduces students to drafting them by reproducing an opinion by Judge Aldisert and asking questions that guide them through the structure of the opinion.

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.

This is a speech given by Judge Re at a seminar for federal appellate court judges.

Written by a committee, this book is a concise reference to appellate opinion writing for new judges.

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.

The program involves a simulated appellate argument by two expert appellate practitioners and three current or former judges.

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.»

The Standing Committee on Pro Bono Legal Service is appointed by the President - Elect of The Florida Bar and is composed of: five (5) members of the Board of Governors of The Florida Bar; five (5) past or current directors of the Florida Bar Foundation; one (1) trial judge; one (1) appellate judge; two (2) representatives from local and statewide voluntary bar associations; two (2) public members, one of whom shall be a representative of the poor; the president or designee of the Board of Directors of Florida Legal Services, Inc; and one (1) representative of the Out - of - State Practitioners Section of The Florida Bar.

Further, the appellate court recognized that undisputed or uncontradicted evidence that is not inherently incredible may not be arbitrarily disregarded by the trial court judge, citing Stroud v. Stroud, 49 Va..

According to a 2012 study by Ryerson University's Diversity Institute, only 2.3 percent of federally appointed judges (i.e., on provincial superior and appellate courts) are people of colour.

This method of instruction, embraced by nearly all U.S. law schools, encourages students to review appellate court decisions, analyze the judge's reasoning and findings and deduce general legal principles from specific cases.

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.

Moreover, the recent use of such a provision in Missouri's constitution (map drawn by panel of appellate judges if legislature can not come up with map) lead to proposals in that state to remove the map - by - judges provision of that state's constitution.

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.

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 Press.

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.