Sentences with phrase «constitutionality remains»
Another criminal lawyer, Douglas Baum, agrees the issue of constitutionality remains open pending an appeal court ruling.
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The TRO will remain in place pending a May 26 hearing on the lawsuit that challenged the constitutionality of Gov. David Paterson's furlough plan.
Though he was facing 20 years in prison, in May 2010 Bruno was sentenced to just two years in prison — and he was allowed to remain free while the Supreme Court considered the constitutionality of the law used to convict him.
Additionally, Bruno will remain free until the Supreme Court rules on the constitutionality of the law used to convict him — meaning there is a chance that the case could end up in no jail time for Bruno.
The plaintiffs prevailed and the TRO will remain in effect while a broader court case questioning the ultimate constitutionality or legality of the travel ban advances.
Importantly, because the challenge by Professor Corbally to the constitutionality of the Medical Practitioners Act 2007 and its compatibility with the European Convention on Human Rights was not determined pending the judicial review of the Medical Council's decision, the lack of appeal issue remains open.
There remains, however, the possibility of challenging the constitutionality of mandatory sentencing legislation under section 10 of the RDA.