To top it all off most
of the appellate judges in the state are up for a yes / no retention election in August 2014.
However, the number
of appellate judges in those Courts is much larger.
Not exact matches
In Tuesday's ruling, a three -
judge appellate panel rejected Pauley's narrow definition
of «repeat infringer» as only covering users who upload infringing content, rather than ones who downloaded songs for personal entertainment.
UPDATE, 4:25 pm EST: A different New York
judge has granted DraftKings and FanDuel an «emergency stay»
of the injunction order; it means the companies can, for now, continue to operate
in New York until an
appellate panel reviews the injunction on January 4.
When he lost his appeal
in 2011, a New Jersey
appellate judge wrote, «The largest portion
of Mr. Trump's fortune, according to three people who had had direct knowledge
of his holdings, apparently comes from his lucrative inheritance.
The Grocery Manufacturers Association (GMA) and other groups today filed a brief with a federal
appellate court explaining that a district court
judge erred
in refusing to block implementation
of Vermont's law mandating warning labels on products with ingredients from genetically engineered (GE) plants.
But according to the motion filed Friday, the
appellate court ignored the words
of Cook County Circuit
Judge Dorothy Kinnaird, who said the state had «virtually no chance
of success»
in its lawsuit.
A panel
of seven
appellate court
judges has unanimously upheld the 2011 conviction
of GOP operative John Haggerty
of charges related to the theft
of $ 1.1 million worth
of Mayor Bloomberg's money during the billionaire mayor's third (and final) re-election campaign
in 2009.
Ragusa «submitted evidence showing that [he] was elected chairman
of the Queens County Republican Party at a Queens County Republican Party meeting held on or about Oct. 3, 2009, and that the statewide Republican Party subsequently recognized Ragusa as chairman
of the Queens County Republican Party,» the
appellate judges wrote
in their decision Tuesday against Berney.
But between Aug. 17, when a federal district court
judge in Albany revived Pidot's candidacy by ordering the new election, and the
appellate court's overruling
of the district court two weeks ago, Martins and Pidot raised and spent money.
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.
He has already made two appointments: Jenny Rivera, a Latina and law professor, (replacing Carmen Beauchamp Ciparick, his father's appointee and the first Hispanic
judge on the court); and Sheila Abdus - Salaam, an associate justice
in the
appellate division, who is the first black woman to serve on the court, (she replaced the late Theodore Jones, an African - American appointee
of former Gov. Eliot Spitzer).
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.
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.
Silver was convicted
of using his political influence for political favors; the conviction was tossed last summer, when
appellate judges in the 2nd Circuit... Continue reading →
An
appellate judge in Western New York will consider reversing a temporary restraining order which among other things, prohibits the governor from vetoing a bill that stops the collocation
of the region's children and adult psychiatric centers.
Judge Judith Kaye, a former chief judge of the state appellate court, investigated whether Paterson interfered in the domestic violence case involving David Johnson, a former top
Judge Judith Kaye, a former chief
judge of the state appellate court, investigated whether Paterson interfered in the domestic violence case involving David Johnson, a former top
judge of the state
appellate court, investigated whether Paterson interfered
in the domestic violence case involving David Johnson, a former top aide.
But Justice Gabriel Kolawole,
in his judgment, delivered on July 1, 2015, held that he lacked jurisdiction to entertain the suit while the June 8, 2015 judgment
of the Lagos Division
of the Federal High Court, nullifying the extradition application and affirmed by another
judge of the same Lagos division on June 23, 2015, had not been set aside by any
appellate court.
In asking the Court
of Cassation to review the verdict, he said that the
appellate judges should have held the scientists to account for failing to object to the idea
of an energy discharge.
Fortunately, progress
in stem - cell research can still continue through non-federal funds, and the prevailing zeitgeist does seem to favor an eventual nullification
of the decision: Yesterday, another overreaching legal case bit the dust when an
appellate judge dismissed a lawsuit that claimed CERN's Large Hadron Collider risked destroying the Earth.
In short, the outcome would appear to turn on the views of its newest member — a product of Catholic schools who, as Arizona Supreme Court justice Clint Bolick explains in this issue (see «Gorsuch, the Judicious Judge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate judg
In short, the outcome would appear to turn on the views
of its newest member — a product
of Catholic schools who, as Arizona Supreme Court justice Clint Bolick explains
in this issue (see «Gorsuch, the Judicious Judge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate judg
in this issue (see «Gorsuch, the Judicious
Judge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate j
Judge,» features), has interpreted the establishment clause narrowly during his tenure as an
appellate judgejudge.
Since then, a high - profile court battle ensued, resulting
in a Superior Court
judge finding that the program violates the state's constitutional mandate to use public funds only for public schools — but thanks to a Court
of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state
appellate courts.
In 2008, 22 years after the events
of the earlier book, former lawyer Rusty Sabich, now a Kindle County, Ill., chief
appellate judge, is again suspected
of murdering a woman close to him.
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.
In May, one
of the three
appellate court
judges, Barrington Parker, compared the injunction to «something that would appeal to, you know, Huns or the Taliban.»
[37] While Pima County Superior Court
Judge James Marner had said the university did not abuse its discretion
in concluding that disclosing the documents would not be
in the best interests
of the state,
appellate Judge Joseph Howard said it was legally irrelevant what university officials thought was appropriate to disclose.
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).
For example, when an
appellate judge retires and joins a private firm, and the firm later employs the retired
judge to brief an appeal to his former colleagues, the firm is partly trying to persuade the court that it should decide the case
in the firm's favor because
of the retired
judge's established reputation, character, and credibility.
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.
Just published is the
appellate decision
of Judge Dight, assisted by Master Whalan,
in the case
of May v Wavell.
With over one hundred trials and fifteen arguments
in the federal
appellate courts, I have appeared before a lot
of judges and seen good and bad practices from the bench and believe that I have learned from them.
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.
Other state
appellate judges I found (with the number
of connections
in parenthesis) were:
To the contrary, federal
appellate judges are highly respected and considered some
of the brightest legal minds
in the country; they did nt» secure their prestigious judgeships by being slouches.
Usually, the menu
of options for an
appellate judge participating
in an opinion is limited: You either write the opinion, concur with it, dissent from it, or concur
in part and dissent
in part.
[26]
In a case such as this, the essence
of the complaint is not that the reasons are functionally insufficient — the parties agree that on their face, the reasons explain what was decided and provide a basis for
appellate review — but rather that the
judge's wholesale incorporation
of the material
of others shows that he did not put his mind to the issues and decide them impartially.
HJR 1 as filed 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.
There are several anticipated efforts
in 2014 to alter processes for selecting state court
judges, particularly
in states with commission - based gubernatorial appointment
of appellate judges.
Accused went to cottage
of JC with whom she previously cohabited — Accused found JC with victim, another lady,
in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial
judge accepted victim's evidence that there was some kind
of pushing — Accused convicted on one count
of assault causing bodily harm, and sentenced to two - year term
of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04
of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial
judge did not address analytical steps
in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred
in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial
judge was entitled to reject accused's evidence — Trial
judge's reasoning, though skeletal, permitted accused and
appellate court to determine how and why finding resulted.
Andy Levy is widely regarded as one
of Maryland's premier trial and
appellate lawyers, equally comfortable
in civil and criminal courtrooms, before jury,
judge, or arbitrator.
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.
As a Principal
of Newman ADR, retired Justice Sandra Schultz Newman uses her experience as a former Pennsylvania Supreme Court Justice to help attorneys identify likely points
of contention
in their briefs, to anticipate questions that will be asked, to organize the
appellate argument, and to be primed and ready to give clear, crisp and on - point answers to a
judge or justice's queries.
As a former law clerk
of both a trial
judge and an
appellate judge, Brennan spent countless hours
in the courtroom, which have given him a unique understanding
of both trial practice and the
appellate process.
This marks the second effort
in the last several years to have intermediate
appellate court
judges sit as trial
judges; Michigan made a similar move
in 2013 when it made specially designated
judges of that state's Court
of Appeals into the state's Court
of Claims.
He joined The Cates Law Firm
in 2012, and the firm became Cates Mahoney, LLC
in January 2013 after founding partner Judy Cates left private practice and was sworn
in as an
appellate judge for the Fifth District
Appellate Court
of Illinois.
In 2012, voters rejected a proposed constitutional amendment that would have allowed the governor to appoint a majority of the members of the appellate judicial commission and given the governor four nominees, rather than three, to choose from in appointing appellate judge
In 2012, voters rejected a proposed constitutional amendment that would have allowed the governor to appoint a majority
of the members
of the
appellate judicial commission and given the governor four nominees, rather than three, to choose from
in appointing appellate judge
in appointing
appellate judges.
Only three days after
Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&r
Judge Kaplan's spectacular ruling
in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state
appellate court
in California upheld a trial
judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&r
judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use
in Nicaragua was actually the product
of a corrupt conspiracy by plaintiffs» lawyers.»
A dozen
judges (nine federal
judges) have used it, including
in opinions for the Fifth Circuit, the Supreme Court
of Kentucky, several federal district courts and state
appellate courts.
Further, the
appellate court noted that the trial court
judge properly considered the factors
in Virginia Code Section 20 - 107.1 (E), including husband's adultery which was significant but not the ultimate cause
of the dissolution
of the marriage.
Aug. 18, 2015)-- authored by Circuit
Judge M.D. Smith; discussed
in our Aug. 18, 2015 post: California Civil Code § 1717 policy trumps a foreign choice -
of - law clause for fee recovery purposes, accepting ABF Capital / Grove Properties over ABF Capital / Berglass approaches by California's intermediate
appellate courts.