Sentences with phrase «evidence on an appeal»

Further, by being late in reporting the matter to your malpractice insurer, you are not only jeopardizing your coverage but also endangering hopes of an appeal because this is likely not a case where you can introduce fresh evidence on appeal.

Nevertheless, the ONCA summarily dismissed the appeal noting that wife had not given any notice of her intention to rely on a psychiatric report in advance of trial, and had not sought to tender any fresh evidence on appeal to support her argument that psychiatric evidence would have assisted in the assessment of her evidence at trial.

It appears that he diverged from the majority on the application of the test for the reception of fresh evidence on appeal.

Some jurisdictions deal with the issue of adducing fresh evidence on an appeal by statute such as these extracts from § 23 of the Criminal Appeal Act 1968 of the United Kingdom:

With respect to (2), the ONCA held that neither the evidence before the trial judge nor the proposed fresh evidence on appeal supported the husband's claim that he owed a significant contingent tax liability on the date of separation.

In affidavits admitted as fresh evidence on the appeal, the police conceded that both of the statements they made to Scott were lies.

[4] A tenant who missed a hearing or who did not comprehend what evidence should be put before the Tenancy Dispute Office, is precluded from submitting new evidence on appeal.

In these circumstances, the failure to offer the explanation at trial should not preclude the Court of Appeal's consideration of the evidence on appeal.

The appellant filed fresh evidence on appeal about the current status of the children and of proceedings she has started in England.

The Court noted that its decision in that case was a short, five - paragraph endorsement disposing of an application to admit fresh evidence on appeal.

The appellants were denied leave to introduce as fresh evidence on the appeal an affidavit from Ms. Seliverstova providing additional bank records in support of her argument that the funds she received had come from her mother in Russia and not Mr. Purcaru.

The decision is nor Res Judicata, it has been decided and you do not get to relitigate it with new evidence on appeal.

Not exact matches

On Thursday, the Ninth Circuit denied the government's emergency appeal to lift the Temporary Restraining Order (TRO) on Trump's immigration order issued last week by a federal judge in Seattle, indicating in its opinion that Trump's past comments about a «Muslim ban» can be used as evidence for discriminatioOn Thursday, the Ninth Circuit denied the government's emergency appeal to lift the Temporary Restraining Order (TRO) on Trump's immigration order issued last week by a federal judge in Seattle, indicating in its opinion that Trump's past comments about a «Muslim ban» can be used as evidence for discriminatioon Trump's immigration order issued last week by a federal judge in Seattle, indicating in its opinion that Trump's past comments about a «Muslim ban» can be used as evidence for discrimination.

Just moments after the verdict, Gawker founder Nick Denton said he will appeal, based on evidence that wasn't introduced in court.

A federal appeals court on Thursday revived a proposed wage - and - hour class action against a Southern California hospital, ruling the plaintiffs could use inadmissible evidence to support their request for class certification.

The benefit of a tax position is recognized in the financial statements in the period during which, based on all available evidence, management believes it is more likely than not that the position will be sustained upon examination, including the resolution of appeals or litigation processes, if any.

The biblical evidence indicates that Jesus categorically condemns divorce and remarriage after divorce, basing his prohibition on an appeal to God's original intention in creation (``... from the beginning it was not so»).

However, the evidence on the deterring effect of capital punishment is not very persuasive, nor is it implausible to suppose that an innocent person could be convicted and executed, despite our extensive appeal system.

If you need to resort to further supernatural explanations, then again, any appeal to actual evidence is pointless because your position is not based on evidence.

The authority of Scripture can not be appealed to, for this depends upon its witness to revelation, not on independent evidence of its inerrancy.

Here again I appeal to Susanne Langer's evidence, which consists largely in noting cases of irrational fear on the part of chimpanzees, fear that can not be explained either by instinct or by learning.

Capital punishment's lack of demonstrated superiority as a deterrent (the evidence for its effectiveness being at best mixed), the capacity of society to protect itself equally well by permanently imprisoning those who are currently being executed (which is possible at limited marginal cost, especially when one takes into account the cost of the extended trial procedures and interminable appeals and reviews which usually accompany capital punishment)-- all these points are important, but their utility is chiefly as rebuttal arguments in response to the empirically weak but emotionally strong claims made on behalf of capital punishment.

Many have seen in the phrases «that he was buried» and «that he was raised to life on the third day» clear confirmation that Paul knew the whole of the tomb story, even though he did not appeal to the discovery of the empty tomb as evidence for the resurrection of Jesus.

a Paul appeals to the evidence of the Spirit in the Church as a datum from which he may argue regarding the nature and conditions of salvation in Christ, and on this basis he develops his doctrine of the Spirit as the «earnest,» or first instalment, of the consummated life of the Age to Come (a Cor.

This rather clumsy attempt at harmonization was not successful however, for Matthew went on to appeal to «all that was happening» as the evidence which brought forth from the centurion his spontaneous confession of faith.

Taking the play that seems most to evidence Shakespeare's distance from the reconciling vision of the Christian gospel, Greer shows that King Lear is actually Shakespeare's most Christian play, and precisely because it is so redolent of Montaigne's worldview (one must not forget that Montaigne was a Christian and wrote as such): «It would be a mistake to interpret the futility of Lear's appeals to his gods as evidence of atheism on Shakespeare's part,» she writes.

ACCC Chairman, Rod Sims, stated that the ACCC believed «that there was sufficient evidence for the Court to find that Cussons had entered into an understanding» and that the appeal will allow the Full Court to «consider whether the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.»

Some NPP people are married to NDC people, so we can not be disclosing those who [appealed], but it is true they appealed for me to drop the case because Dr Bawumia would not be able to produce any evidence, it would be too much of an embarrassment but I insisted on going to court due to the possible repercussions of his action».

He says the police presented no evidence of this during the appeal hearing and when challenged they argued that a gang simply means a group of criminals coming together on any one occasion.

That appeals court did note, however, that Silver's conviction was not based on lack of evidence, according to former Deputy U.S. Attorney Joon Kim, who presided over Silver's inaugural prosecution, and vowed that the one - time Downtown pol would eventually face justice.

Attorney Steven Molo notified the 2nd U.S. Circuit Court of Appeals in Manhattan on Thursday that he'd like to ask the high court to review last week's ruling, which wiped out the conviction but also provided the government with assurance that there was sufficient evidence to convict Silver if a jury is properly instructed on the law and decides to do so.

The Skeloses appealed not only on the grounds that the jury instructions were improper, but they also challenged the sufficiency of some evidence and witness testimony.

But the state appealed on the grounds that the trial judge erred in law in not considering the evidence adduced by the prosecution.

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.»

In 1980, after the courts had dismissed their appeals, the Home Secretary, William Whitelaw, used the Royal prerogative of mercy to free David Cooper and Michael McMahon from their imprisonment, both having been convicted of murder on poor evidence.

• Petition (four per cent): There was also strong evidence of systematic cooperation by large bodies of people to concertedly appeal and petition the police on Twitter to influence their policy.

Meanwhile the Court of Appeal has fixed November 13, 2017 for hearing of the Appeal filed by Dasuki in which he prayed the court to set aside the subpoena issued on him by Justice Abang on the ground that he had been in the custody of DSS for over two years and may not be able to give accurate evidence in the trial of Metuh.

In a terse, five - page ruling on Wednesday, the Second Judicial Department Appeals Court agreed with the defense lawyers, saying the Brooklyn district attorney's office had indeed failed to turn over crucial evidence and had never corrected «the knowingly false or mistaken material testimony of a prosecution witness.»

The appeals court hinged its ruling on several actions that the government presented as evidence during the nearly month - long trial — but which now fall short of bribery.

In a 54 - page opinion released Thursday, the U.S. Court of Appeals for the 2nd Circuit wrote that while prosecutors had presented enough evidence to justify Silver's convictions, jurors had been wrongly instructed on the action Silver would have to take to make his conduct count as criminal public corruption.

If the defense claims a judge erred in admitting certain evidence, rearguing that point in a post-trial motion gives the judge a chance to clarify the earlier ruling, which could make it harder for the defense to win the point on appeal.

That's not to say touch evidence shouldn't be used to help solve crimes, but jurors need to be presented with information about its limitations or wrongful convictions may ensue, while other convictions may fail or be overturned on appeal.

«What's appealing about the current growing body of evidence on right - to - carry laws is that different researchers using different methodologies and different data sets are coming to similar conclusions... We are all coalescing around the same message, and that's the best that science can do: Look at the imperfect data in different ways and see if a consistent story emerges.»

Although it could be a while before drivers receive information about parking fines on their computers at home, all the evidence in appeals cases is already stored electronically.

All the adjudicator — the lawyer who judges the appeals — has to do is to call up the evidence on one of the network's personal computers and make a decision.

See «anti-cholesterol attacks on eggs resulted in severe economic loss through a reduction in egg consumption,» so the egg industry created a «National Commission on Egg Nutrition» to combat the anti-cholesterol, anti-egg publicity with ads like this, exclaiming there is no scientific evidence whatsoever that eating eggs in any way increases the risk of heart attack,» which the U.S. Court of Appeals found patently false and misleading.

Featuring a screenplay by no less than five writers, Flushed Away has clearly been geared to appeal primarily to small children - as evidenced by the film's emphasis on action - oriented set pieces and distinctly broad bits of comedy (there's even a fart joke thrown in for good measure).

It wants to appeal to eggheads, so it opens with a title card that promises what follows is based on «new» archaeological evidence; then, for the alleged delight of the peanut gallery, it trots out the same period epic dog - and - pony show to which we've been repeatedly subjected since Zulu Dawn.

There's evidence for either option, making for some pretty hefty inconsistency on part of developing the character, although neither one makes for an appealing protagonist.

The prose in this volume will appeal more to the citation - enthralled political scientist than to the informed citizen, but the study itself brings together the best available evidence on the consequences of mayoral efforts to reform big - city school systems.