Sentences with phrase «court appellate decision»
Moreover, as the Supreme Court explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.»
https://www.carltonfields.com/ Not exact matches
«But there is going to need to be some major lawsuits or decisions by federal courts, appellate courts or more to decide what are acceptable practices online for a real shift to take place.
What appears to have been a carefully crafted strategy then unfolded: The state authorities acted; Griswold and Buxton were charged, tried, convicted, and fined $ 100 each; and the lower court decision was upheld by the relevant Connecticut appellate courts (including the splendidly named «Connecticut Supreme Court of Errors&raqcourt decision was upheld by the relevant Connecticut appellate courts (including the splendidly named «Connecticut Supreme Court of Errors&raqCourt of Errors»).
The decision was later overruled by an appellate court, but the case sparked a firestorm.
«Once you get a decision like this, it's open season,» John Burns, the Canadian lawyer who represented the group at a Moscow appellate court, told The New York Times.
Atty. Zelda Soriano, Legal Counsel for the Petitioners discussed the grounds on which the appellate court based their favorable decision, which includes the main argument of the petitioners that the field testing is characterized by «serious scientific uncertainty with regard to its health and environmental effects.»
Latin has finished construction of more than half of the $ 2 million artificial soccer field.The one - paragraph ruling from the appellate court says no construction or excavation can occur on the field until a decision is reached by the Cook County Circuit Ccourt says no construction or excavation can occur on the field until a decision is reached by the Cook County Circuit CourtCourt.
Especially when one takes into consideration that a 4 - 4 SCOTUS tie leaves the federal circuit appellate court's decision in place.
In the wake of an appellate court decision, Spa City's charter change advocates are once again trying to get their hands on electronic images of ballots cast in November's charter referendum that was defeated by a narrow 10 - vote margin.
This DEC action comes on the heels of a recent New York State appellate court decision that reinstated criminal indictments against another concrete company, Quality Concrete, also located on Newtown Creek.
«While we are disappointed in the decision and will weigh our appellate options, we look forward to a prompt retrial where we will have another opportunity to present the overwhelming evidence of Dean Skelos and Adam Skelos's guilt and again give the public the justice it deserves,» Acting US Attorney Joon H. Kim announced Tuesday following the circuit court's decision.
[37] The governor's directive was purportedly based upon a decision from a New York intermediate appellate court.
Last week, he went to the state appellate court to fight the decision, but they upheld the BOE's decision.
ALBANY — The corruption convictions of former state Senate Republican Majority Leader Dean G. Skelos and his son Adam B. Skelos were overturned by a federal appellate court on Tuesday in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupcourt on Tuesday in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupCourt decision that retooled the definition of an «official act» as it relates to public corruption.
The NYCLU — along with Public Advocate Letitia James, the Legal Aid Society, the NAACP and the New York Post — filed the appeal in the appellate division of New York Supreme Court to overturn a judge's decision not to release testimony from the grand jury.
«The agency is similarly concerned with the tone of the district court's decision, which equates the difficult work ICE professionals do every day to enforce our immigration laws with «treatment we associate with regimes we revile as unjust,» and is actively exploring its appellate options.»
A May 2017 decision by a state appellate court prompted the proposed legislation.
A New York appellate court has ruled in favor of the NYPD's decision NOT to release the addresses of gun permit holders» to the NY Times newspaper.
«The District Court's charge, encompassing «any action taken or to be taken under color of official authority,» was overbroad,» the appellate decision states.
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 Marcourt 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 MarCourt Justice Ira Warshawsky that handed the 7th SD race to Republican Jack Martins.
ALBANY — An appellate court has overturned a decision denying allies of Gov. Andrew Cuomo control of the Women's Equality Party in Nassau County.
For trial court judges, the prospect of appellate review of their decisions partially mitigates the risk of a judge making bad decisions due to declining intellectual capacity.
A Libous spokesman lamented the fact that the appellate court didn't agree with the Supreme Court's decision, but said the senator looks forward to «running on his record.&rcourt didn't agree with the Supreme Court's decision, but said the senator looks forward to «running on his record.&rCourt's decision, but said the senator looks forward to «running on his record.»
By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»
Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»
Cuomo's preferred slate to run the Women's Equality Party got a boost from an appellate court decision, but a ruling on a similar case is due early next week in Rochester.
A state appellate court panel has upheld a lower court's decision to toss a lawsuit brought by conservative activist Robert Schulz that attempted to shape the makeup of a state constitutional convention — if the people of New York ever decide to hold another one, that is.
According to the Court of Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and fCourt of Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and fcourt or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and fcourt before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.
I'm very grateful that the appellate courts agreed with me, but I could have used a better choice of words to describe by reaction to the original decision.»
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.
That decision was appealed by Tkaczyk to an appellate court which unanimously ruled that 90 more contested ballots should be counted.
Erie County's top prosecutor is appealing an appellate court decision that reversed the murder conviction of a man found guilty of killing his then - girlfriend's 5 - year - old son.
The decision rejects an appeal by Amedore's lawyers that an appellate court decision to count the ballots be overruled.
Carver said his lawyers also are weighing whether to appeal Wednesday's ruling, but the state Court of Appeals must give permission after the unanimous appellate decision.
«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.&rcourt, 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.&rCourt judge — I can't even remember his name.»
BY LEGAL LARRY The controversial development of a parcel in Ramapo known as Patrick Farm was again the subject of recent appellate court decisions.
The corruption convictions of former state Senate Republican Majority Leader Dean Skelos and his son, Adam, were overturned by a federal appellate court in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupcourt in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupCourt decision that retooled the definition of an «official act» as it relates to public corruption.
The governor, through his counsel, Mr Victor Paul, prayed the appellate court to set aside the decision of the lower court.
While upholding the decision of the lower court, the appellate court declared that there was nothing wrong with the lower court hearing both the substantive and the preliminary objection simultaneously.
«We are happy that the appellate court saw reasons with the decision of the lower court and upheld it by dismissing the appeal of Gov. Lalong,» he told the News Agency of Nigeria (NAN).
The fight has culminated in a decision recently handed down by an appellate court in Brooklyn.
In light of the new Supreme Court decision, the appellate court decided the jury had been wrongly instructed and that if they had taken into account the revised definition, they may not have found Silver guCourt decision, the appellate court decided the jury had been wrongly instructed and that if they had taken into account the revised definition, they may not have found Silver gucourt decided the jury had been wrongly instructed and that if they had taken into account the revised definition, they may not have found Silver guilty.
Aminu Sule Lamido, the 34 year old son of former Jigawa State governor, Alhaji Sule Lamido, had his appeal struck out on Monday by an appellate court sitting in Kaduna against the decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, court sitting in Kaduna against the decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, EFCC.
In the Wednesday case, a decision to bounce candidates from the line because they did not submit a required affidavit was upheld by the appellate court.
However, legal experts point to an earlier appellate court decision in 2003 on the Suffolk Ethics Commission that found a county can impose more stringent ethics regulations than those required by state law.
(The Supreme Court later limited a portion of the appellate decision, offering some vindication for Mr. Bharara.)
The appellate court, in arriving at its decision, said it was necessary that it determined whether or not the appellant was denied fair hearing by the lower court.
The appellate court likely won't issue a decision for a few weeks.
ZUG, Switzerland; CAMBRIDGE, Massachusetts; BERKELEY, California; DUBLIN, Ireland; July 25, 2017 (GLOBE NEWSWIRE)-- CRISPR Therapeutics (NASDAQ: CRSP), Intellia Therapeutics, Inc. (NASDAQ: NTLA), Caribou Biosciences, Inc. and ERS Genomics, Ltd. announced that The Regents of the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier (collectively «UC»), co-owners of foundational intellectual property relating to CRISPR / Cas9 genome engineering, today submitted an appellate brief to the U.S. Court of Appeals for the Federal Circuit (the «Federal Circuit») seeking reversal of a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board («PTAB») in an interference proceeding relating to CRISPR / Cas9 gene editing technology.
On Friday, De Havilland's attorneys filed a petition with the California Supreme Court to review an appellate court's recent decision to toss out her case against FX over her portrayal in the miniseries «Feud: Bette and Joan.&rCourt to review an appellate court's recent decision to toss out her case against FX over her portrayal in the miniseries «Feud: Bette and Joan.&rcourt's recent decision to toss out her case against FX over her portrayal in the miniseries «Feud: Bette and Joan.»