Sentences with phrase «of appellate court decisions»

Among them, one can find foreign ownership and control, outsourcing and offshoring, preservation of and access to our legal heritage, access to French and English translations of appellate court decisions on subjects of national interest, the definition of a public document, copyright in compilations, and government funding.

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.

That's my take on «Legal Win for Hells Angels,» Mike Cernovich's report of an appellate court decision affirming a district court's denial in part of motions for qualified immunity filed by seven San Jose police officers and one deputy sheriff.

Not exact matches

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»).

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.

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.

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 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.

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.»

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.

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.

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.

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).

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.

(The Supreme Court later limited a portion of the appellate decision, offering some vindication for Mr. Bharara.)

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.

The appellate panel reached that decision even though the district judge had based the dismissal on a 1989 U.S. Supreme Court decision that was overturned last year by the Congress's adoption of the new civil - rights...

The Court's 5 - to - 4 decision in Board of Education, Island Trees Union Free School District No. 26 v. Pico affirms an appellate - court decision returning the closely watched censorship case to federal district court for tCourt's 5 - to - 4 decision in Board of Education, Island Trees Union Free School District No. 26 v. Pico affirms an appellate - court decision returning the closely watched censorship case to federal district court for tcourt decision returning the closely watched censorship case to federal district court for tcourt for trial.

A reissued decision in the Topeka, Kan., school - desegregation suit gives a more detailed picture of a federal appellate panel's deep division over the need for continued court supervision in the historic case.

In an Oct. 23 decision, the appellate court upheld the 800 - student Oakridge school district's decision in the fall of 2000 to drop Ginelle Weber, who was 15 at the time, from the school's volleyball team after she and her parents refused to consent to a random urinalysis.

She pointed out that the California Teachers Association has racked up three wins since spring, with the appellate court's unanimous ruling to overturn Vergara, the Supreme Court's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to teacher tenure and dismissal procedcourt's unanimous ruling to overturn Vergara, the Supreme Court's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to teacher tenure and dismissal procedCourt's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to teacher tenure and dismissal procedures.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

Following a broadly structured decision by the 5th U.S. Circuit Court of Appeals to vacate the DOL fiduciary rule expansion, the National Association for Fixed Annuities decided its own appellate challenge has been made unnecessary.

But it also smothers an ordinance already adopted in Tucson that had been placed on hold awaiting a federal appellate court decision on the rights of cities to enact such rules.

That is a central issue in a recent lawsuit by Southeastern Legal Foundation (SLF), the Competitive Enterprise Institute (CEI), a host of lawmakers and several companies, who are petitioning the Supreme Court to review an appellate court decision upholding the EPA's global warming regulatCourt to review an appellate court decision upholding the EPA's global warming regulatcourt decision upholding the EPA's global warming regulations.

I clicked on the «Settled Principles» tab to find 30 well - settled principles for public records, such as this statement from a California appellate decision, «[I] t is well established that the media has no greater right of access to public records than the general public,» and this from a Florida court, «It is well - settled that public records and reports or business records are admissible as an exception to the hearsay rule provided they are authenticated by a custodian.»

News.lawreader.com has summaries of Kentucky cases, federal appellate decisions, U.S. Supreme Court decisions, and professional ethics cases.

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 irregulacourt (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 irregulaCourt 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 irregulaCourt 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.

The blog also provides free access to the Illinois Insurance Index, a database maintained by Jill Berkeley that summarizes all major appellate insurance coverage decisions in Illinois, the 7th U.S. Circuit Court of Appeals, and a few other jurisdictions, issued from 1986 through the present.»

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

I expect we will see a burst of inconsistent lower court judgments early in the new year followed by some significant appellate decisions in the spring.

West Virginia's poor showing, something it has gotten quite used to over the years, was again largely attributed to its unique status as the only state with no intermediate appellate court, and thus no automatic appeal rights from the decision of a trial court.

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.»