Sentences with phrase «further appellate review»

The Supreme Judicial Court granted further appellate review, and, after reviewing the law in this area over the last century, the Court concluded that the distinction between natural and unnatural accumulations of snow and ice was a «relic of abandoned landlord - tenant law» which «has sown confusion and conflict in our case law.»

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Not exact matches

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

A further category of issues that will not be considered as «new» are those «that form the backdrop of appellate litigation, such as jurisdiction, whether a given error requires a remedy and what the appropriate remedy is the standard of review» (par.

I'm doing a pro bono appellate case in Nebraska, and I'd love to chat confidentially to any readers who might be inclined to offer some free advice, especially about petitions for further review in the Nebraska Supreme Court.

In Reilly v. Lynn, 2003 BCCA 49, at para. 92 Southin J.A. (dissenting — the majority specifically disavowed these comments — 2003 BCCA 49, at para. 96), discussing the scope of appellate power to review lower court findings of fact, wrote: «So far as I am concerned what underlies my raising this point is that I have concluded that justice, in the broad sense, is served more often by getting the facts right than by worrying about what the law is.»