Sentences with phrase «if appellate»

even if the appellate court also seemingly misstates the law, at least if we give the words used their ordinary legal meaning.

In other words, if the appellate judges believe the lower court got the law wrong, they will reverse its decision; but they will only reverse a finding of fact if the lower court made an especially egregious or obvious mistake.

Consequently, the appellant's lawyers need to consider whether they can win a reversal if the appellate court does not know the case as well as counsel does.

In a separate filing asking for emergency relief, CPS said if the appellate decision were allowed to stand «the department will be compelled to return approximately 124 children from YFZ Ranch to approximately 34 alleged mothers.»

16.4 If the appellate court upholds the appeal, what powers does it have to remedy any injustice by the trial court?

The gulf between de novo review [the appropriate standard] and «any competent evidence» is vast — so vast that if the appellate courts applied an «any competent evidence standard» almost any family court determination on child custody, alimony, or property division would be impossible to overturn.

Tennessee SB 3660 / HB 3060 (2008) Specifies that if an appellate court declares a disaster pursuant to applicable court rules, then all statutes of limitation and repose will be extended by the same number of days that the applicable filing deadlines are extended with deadlines to be extended only in county in which disaster is declared.

Thus, if an appellate court is presented with an issue that was raised for the first time on appeal, the party making the argument should be prepared to explain why the argument was not presented below.

This means that an appeal will only be successful if the appellate court believes that the trial court judge's ruling was either arbitrary or absurd.

Before there appeared to be a 5 - 4 majority on the Supreme Court that was likely ready to overrule the appellate court if the appellate ruling favored the Plan.

If an appellate court reverses Chun's judgment on the charges, it would land Liang back in court to again face sentencing.

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.»

Not exact matches

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

Yes I am a family member of a victim of injustice, and if questionable police shootings, misconduct, and brutality were not investigated fully and fairly on a local level by Westchester County's top law enforcement officer why should the people of Westchester County or New York State believe that anything different will take place on an appellate level?

Nor is it a potential appellate issue if she's convicted, he said.

In Thursday's ruling, the appellate court ruled the judge's erroneous instruction to the jury at Silver's trial «was not harmless because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by law for the verdict to stand.»

If the districts are in different circuits, each circuit court would be able to make its own appellate ruling.

The SC is not a trial court but an appellate one and should never constitute itself into a prosecutor, judge and jury and sit in its own cause as if it is the Chief's Palace where the accused is hauled before the Chief and his elders, tried, found guilty and ordered to present seventy - two rams and seventy - two bottles of schnapps to pacify the gods and ancestors in a constitutional democracy.

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.

At the end of March, a panel of appellate judges dismissed Silver's appeal, saying it's up to Caproni to decide if the documents are relevant to his impending sentencing and should become public.

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

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 guilty.

If one of the commissions fails to reach a compromise by the deadline, the process for that chamber is turned over to a panel of six appellate judges.

While it did not deem scholarship tax credits generally unconstitutional, the decision, if not overturned on appeal, will prevent religious organizations from participating in similar initiatives nationwide — including a parallel program for corporate donations upheld by an Arizona appellate court just weeks earlier.

Washington — Parents who win special - education disputes with school districts can not be awarded attorneys» fees if their cases do not go to court, a federal appellate court has ruled.

In August 2008, a state appellate court ruled that parents may indeed legally home - school their kids in California even if they lack a teaching credential.

If they would have just waited to purchase the company shares after they owned the home for a few days, I imagine the case would not have made it past the first appellate court.

If the defendant disagrees with the decision set forth by NAD, then they will go before NARB, which is the appellate body for advertising industry self - regulation (see Blue Buffalo vs. Hill's Pet Nutrition).

If the analysis of the supporters of SB 865 were correct, there would have been no legal basis for any of the breed - specific law victories in appellate courts; not one would have survived constitutional scrutiny.

A victory on «no - malice - on - this - theory» grounds... if it's won as a matter of law before the appellate court... says to Mann, «You can't make people do anything (except laugh at you) by suing them.

In particular if I lost at the appellate court, I'd petition for en - banc review by all the judges in that appellate court before appealing to the Supreme Court.

If you have an appellate practice or perform contract work for other attorneys, your need for in - person meetings with consumer clients may be all but eliminated.

Also, the judge is within his rights to punish the potential juror if he determines that the potential juror is actually lying about his ability to be impartial in an effort to evade jury service rather than because he sincerely believes that he can't be fair, and judges have wide authority to determine the credibility and truthfulness of statements made to him in open court (i.e. if the trial judge finds that you are lying, this determination will almost always be honored by an appellate court considering the judge's actions).

If you don't have a lot of experience with appellate briefs, or can't objectively identify the best arguments for your motions, it might be wise to hire someone who is experienced and impartial.

If you've handled appellate work as part of an office, rather than as a solo practitioner, you're probably well aware of the time - honored tradition of roping your colleagues into listening to you pontificate in a conference room somewhere while they do their very best to trip you up.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

Only if his decision is so plainly wrong that he must have given far too much weight to a particular factor is the appellate court entitled to interfere (see G v G [1985] 1 WLR 647).

[M] aybe divisions of appellate courts think that if they ignore their own precedents they won't get called on this by their colleagues, especially if a judge on the appellate panel was part of the panel deciding the precedents; or there's nobody outside the court (who might matter) to to complain because it's an appellate court of final resort; or it's an inferior appellate court but the panel has good reason to believe the final appellate court won't grant leave to appeal.Whatever the reason, such judicial conduct unacceptable.

Well, that's not a proper model for the appellate judge, either, even if those other cases aren't binding but are only persuasive.

(And if you don't do appellate briefs in Microsoft Word very often, compiling your first TOA will come as a rude shock.)

On the other hand, my appellate clients have told me that they do want to know if there is a new appellate holding that will impact trial court practice... or if there is a new case re-affirming case law that hadn't been addressed for some time.

Therein, I wrote: «In my experience, some federal appellate judges will be more reluctant to recuse where the recusal is triggered by an amicus than if the same grounds for recusal involve a party to the appeal.»

Once such appellate cases referred to such former spouse's as «gold diggers» and another appellate case indicated that a trial court might stop spousal maintenance payments if the spouse receiving the spousal maintenance refuses to do anything to increase their ability to earn a higher income.

It also noted that trial and appellate courts were «not entirely powerless» because a judgment may be vacated if «there is no evidence to support the jury's decision,» and because «appellate review is available to test the sufficiency of the jury instructions.»

The group's broad investigative, trial and appellate experience provides early resolution of potential criminal problems; the ability to deal directly with regulatory and government agencies to avoid the harmful consequences of government action, where possible; and, if necessary, the ability to successfully defend companies or their management at trial.

HJR 1 appears to be similar if not identical to the 2015 version (HJR 197); it limits appellate judges (Supreme Court and District Courts of Appeal) to 12 consecutive years in office and prohibits them from being reappointed for 1 year after leaving office.

The more that I think about this question, the more I conclude that it is appropriate for a federal appellate judge to be more reluctant to feel an obligation to recuse if the recusal would be based solely on the participation of an amicus or counsel for an amicus.

The appellate court explained that if the City had sovereign immunity from suit, the lower court would not have subject matter jurisdiction over the case.

But if you're crying over an appellate court's decision, just know you're neither the first nor the only one to experience the pain of losing a case on appeal.

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.