The Court of Appeal set aside the summary
conviction appeal court's decision and excluded the compact disc containing the temporary Internet files, the laptop and the mirror image of the hard drive.
The summary
conviction appeal court reversed the decision, concluding that there was no breach of s. 8 of the Charter.
The Crown sought leave to appeal the decision of the summary
conviction appeal court.
In the Summary
Conviction Appeal Court Judge's view, the absence of lawful authority meant the accused's s. 8 Charter rights had been breached.
The Crown appeals and a Summary
Conviction Appeal Court upholds the Trial Judge's decision.
The Summary
Conviction Appeal Court Judge agreed the officer should have removed himself from the home and sought lawful authority to conduct the search which resulted in the seizure of the accused's firearms.
This conclusion was reversed by a summary
conviction appeal court, and partially reversed again by the Court of Appeal, which ordered a new trial.
The summary
conviction appeal court judge dismissed the appeals on the basis that the trial judge had jurisdiction in both matters, that the rules of procedure in both trials would essentially have been the same, and that Sciascia was not prejudiced by any differences in the applicable rules of evidence.
Not exact matches
The Air Force
Court of
Appeals in May 2017 also reversed a
conviction in the sexual assault case U.S. v. Boyce after finding that public statements by Sens. Claire McCaskill and Kirsten Gillibrand regarding the «Marines United» scandal earlier this year created «the appearance of unlawful command influence» in the case, as retired Col. Don Christensen, a former Air Force chief prosecutor and current president of the advocacy group Protect Our Defenders, told Task & Purpose at the time.
The decision came down today from the Divisional
Court which heard Ford's
appeal of his November
conviction.
Brazil's Supreme
Court early on Thursday rejected former president Luiz Inacio Lula da Silva's plea to avoid prison while he
appeals a corruption
conviction.
An Italian
appeals court ruled the DNA evidence was «flawed» and overturned her
conviction in 2011.
Brazilian stocks jumped on Thursday after a
court ruled that former president Luiz Inacio Lula da Silva can be sent to prison while he
appeals a corruption
conviction.
Parker was acquitted in the rape case more than a decade ago and Celestin had his sexual assault
conviction overturned on
appeal (a higher
court deemed his trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night of heavy drinking.
Although he managed to get two years knocked off the seven - year sentence he was handed in 2009, in September Ontario's
Court of
Appeal refused to overturn his
conviction.
Todd Newman and Anthony Chiasson's
appeals of their insider trading
convictions hinge on a fairly nit - picky legal point about jury instructions, although an important one that has an
appeals court pretty riled up.
A U.S.
appeals court vacated the
conviction of former Jefferies Group trader Jesse Litvak, the latest turn in a case that has spanned more than five years and helped usher in changes to sales tactics on Wall Street.
The jury's verdict came on the same day that a federal
appeals court reversed the
conviction of a former Jefferies Group LLC managing director who is serving prison time for lying to customers about the prices of mortgage - backed bonds.
That decision was the second time in 2 1/2 years that the
appeals court tossed out the
conviction of Jesse Litvak.
A federal jury found him guilty in 2010, but an
appeals court reversed his
conviction, ruling that prosecutors misapplied the federal corporate espionage laws against him.
The jury's verdict came on the same day that a federal
appeals court reversed the
conviction of a former Jefferies Group managing director who is serving prison time for lying to customers about the prices of mortgage - backed bonds.
After her
appeal in Lahore's High
Court was unsuccessful in October 2014, this is now the last chance for Noreen, the mother of five children, to
appeal that her
conviction should never have been allowed, due to inadmissible evidence.
A Clackamas County judge turned down a petition Monday for early release while the
conviction of Shannon Mae Hickman, a member of the Followers of Christ church, is reviewed by the Oregon
Court of
Appeals.
Although the
court overturned the
conviction, the prosecutor would not let the case drop and
appealed the decision to the country's supreme
court.
An
appeals court has upheld a ruling by a federal judge that effectively overturned his
conviction in the sexual assault and murder of Teresa Halbach more than 10 years ago.
HBO's Muhammad Ali's Greatest Fight, which debuts on Oct. 5 and is directed by Stephen Frears (The Queen), is a glossy and engaging docudrama that focuses on the Supreme
Court's inner - chamber battles in 1971, when the justices ruled on Ali's
appeal of the
conviction that had cost him 3 1/2 years of his career and threatened to send him to jail for five more.
Essentially, the
appeals court agreed with him, ruling in part that the lack of decorum in the courtroom had deprived McLain of a fair trial and overturning the
conviction.
But there were no blessings to match the one on that August day when the
appeals court overturned his
conviction.
The corruption
conviction of former Senate Majority Leader Dean Skelos on Tuesday was overturned by a federal
appeals court, dealing yet another blow to the prosecutors who had sought to crack down on Albany's unseemly way of doing business.
Miller's
conviction was overturned on
appeal by a unanimous vote of a federal
appeals court in 1993.
The Supreme
Court's ruling in McDonnell's case set a precedent that could help others accused of public corruption, including Sen. Robert Menendez (D - N.J.), who is awaiting an appeals court ruling in a corruption case; and former New York State Assembly speaker Sheldon Silver (D), who is aiming to overturn his corruption convic
Court's ruling in McDonnell's case set a precedent that could help others accused of public corruption, including Sen. Robert Menendez (D - N.J.), who is awaiting an
appeals court ruling in a corruption case; and former New York State Assembly speaker Sheldon Silver (D), who is aiming to overturn his corruption convic
court ruling in a corruption case; and former New York State Assembly speaker Sheldon Silver (D), who is aiming to overturn his corruption
conviction.
Silver's
conviction on charges that he took payoffs disguised as legal fees in return for using his clout in Albany to benefit developers and a cancer researcher was overturned last year by the Second U.S. Circuit
Court of
Appeals because of flawed jury instructions.
Last month, the Second U.S. Circuit
Court of
Appeals reversed Silver's
conviction for doing favors on behalf of a cancer researcher and developer who funneled $ 4 million legal referral fees to the former speaker, ruling the jury instructions were wrong and Silver was entitled to a new trial.
Former state Senate Leader Dean Skelos and his son Adam saw their federal corruption
convictions overturned by a federal
appeals court panel Tuesday.
The 2d U.S. Circuit
Court of
Appeals said the
conviction of Skelos and his son Adam for using Dean's influence to extort financial benefits for Adam had to be overturned because the jury charge didn't comply with a new Supreme
Court ruling narrowing federal anti-corruption laws.
Disgraced former Downtown power broker Sheldon Silver endured his first day back in
court on Monday, as prosecutors try to convince a second jury of the former Assembly Speaker's quid - pro-quo corruption scheme after a prior
conviction was thrown out on
appeal.
A New York
appeals court has thrown out the manslaughter
conviction of a man who prosecutors argued was driving drunk and triggered crashes that caused the death of a police officer in 2012.
An
appeals court tossed out that conviction, citing a recent Supreme Court ruling that changed the legal boundaries for public corrup
court tossed out that
conviction, citing a recent Supreme
Court ruling that changed the legal boundaries for public corrup
Court ruling that changed the legal boundaries for public corruption.
The corruption
conviction of former New York State Assembly Speaker Sheldon Silver was overturned Thursday on a technicality by a federal
appeals court.
A federal
appeals court in Manhattan on Thursday upheld former New York City Council member Dan Halloran's
conviction for taking bribes and arranging payoffs to help former state Sen. Malcolm Smith get on the 2013 Republican mayoral primary ballot.
A federal
appeals court has upheld the
conviction of former Assemblyman William Boyland Jr., who is serving a 14 - year prison sentence for a scheme to take bribes from a carnival promoter.
The
conviction was vacated on
appeal, however, in part due to instructions given to the jury that were found to be incompatible with a Supreme
Court ruling on the theft of honest services charges.
Reactions are rolling in to the surprise news this morning that a federal
appeals court has overturned the 2015 corruption conviction of former Assembly Speaker Sheldon Silver, based on a subsequent U.S. Supreme Court ruling, involving a former Republican governor of Virginia, that narrowed the definition of what kind of official conduct is prosecut
court has overturned the 2015 corruption
conviction of former Assembly Speaker Sheldon Silver, based on a subsequent U.S. Supreme
Court ruling, involving a former Republican governor of Virginia, that narrowed the definition of what kind of official conduct is prosecut
Court ruling, involving a former Republican governor of Virginia, that narrowed the definition of what kind of official conduct is prosecutable.
Lawyers for former state Senate leader Dean Skelos told a federal
appeals court in Manhattan that the recent decision reversing the corruption
conviction of former Assembly Speaker Sheldon Silver has strengthened Skelos» case for same treatment.
Attorneys representing former Senate Majority Leader Dean Skelos, who was also convicted, along with his son Adam, on corruption charges, have — like Silver's lawyers — used the U.S. Supreme
Court decision in the case of former Gov. Bob McDonald to
appeal the
conviction of the ex-Long Island Republican lawmaker.
Other examples would include Moos and McClure (where the
Court of
Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the
conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.
He fought that
conviction for 17 months, but this past March was ordered to start serving his sentence after a midlevel appellate
court denied his last
appeal in February.
That means Silver, sentenced to 12 years in prison, could remain free for upwards of a year while he
appeals his case — or never head to jail at all if a higher
court throws out his
conviction, or grants a new trial.
A federal
appeals court on Monday upheld the bribery
conviction of former Brooklyn Assemblyman William Boyland Jr. — despite acknowledging that some of the jury instructions at his trial were technically wrong under the new rules.
Last year, a federal
appeals court overturned both lawmakers» convictions, citing a U.S. Supreme Court decision that narrow
court overturned both lawmakers»
convictions, citing a U.S. Supreme
Court decision that narrow
Court decision that narrowed...