Sentences with phrase «ordered the case remanded»

Finding the joinder of all sixty - four plaintiffs» claims proper, the court ordered the case remanded to state court for lack of subject matter jurisdiction.

Not exact matches

The plaintiff, however, is urging the court to hold that Sections 293 and 294 of the Administration of Criminal Justice Act (ACJA) of 201 which the EFCC relied on to secure remand orders from a magistrate court were inapplicable in his case.

Justice Salihu adjourned the case to January 29, 2016 for the commencement of trial and ordered that the accused persons be remanded in Ikoyi prison pending perfection of their bail terms.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

He therefore ruled that Kanu be remanded in prison custody, and ordered an accelerated hearing of the case.

According to a statement signed by DSP Ahmad Muhammad, PPRO of the command, «Hearing on the cases has been adjourned till 21/01/2016 and 28/01/2016 respectively while the presiding magistrates ordered for the suspects to be remanded in prison custody.

Chief Magistrate Adesoji Adegboye refused the bail application and ordered that the suspects be remanded in prison pending the issuance of legal advice on the case.

After ordering the pastor's remand in prison custody, the chief magistrate adjourned the case till February 14, 2017.

The Chief Magistrate, Mr. Muideen Salami, while ordering that the suspects be remanded in the prison, said the court lacked jurisdiction to hear the case.

The Court ordered that embattled Senator Dino Melaye be remanded in police custody for 38 days pending commencement of hearing in the case brought by the police against him and three others.

The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opinion.

Ruling / Rationale: The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opinion.

This order affirms the dismissal of a formal third - party complaint filed by Ms. Louise Caplan (Ms. Caplan or Complainant) following the remand of the case by the U.S. Court of Appeals for the District of Columbia Circuit upon a motion by the Department.

«An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise.»

The judge's order for the tutorial came the same day he denied (pdf) the cities» motion to remand the case to state court.

2017), the Virginia Court of Appeals remanded a divorce case back to the trial court for a nunc pro tunc («now for then») order granting a divorce from the bond of matrimony for adultery, to correct what the appellate court believed was a clerical error in granting a divorce a mensa et thoro instead, a divorce from bed and board or what the court called a legal separation.

Ultimately, if the appeals court agrees with the injured person, it may remand the case back to the trial court level, in order to redo the trial based upon the higher court's ruling.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appOrder, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of apporder, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

The Arizona Court of Appeals vacated the custody and supervised parenting time orders and remanded the case back to the family court trial judge to issue additional findings of fact and conclusions in accordance with Arizona law.

The Colorado Supreme Court reversed the district court's suppression order and remanded the case for further proceedings.

Because these remand orders are not appealable, we're stuck in an infinite loop of removing cases and being remanded, hoping that the next time will be the time the court decides personal jurisdiction first or thoughtfully considers the fraudulent joinder doctrine (or maybe stays the case pending transfer to an MDL).

The state Supreme Court reversed the summary judgment order and remanded the case to the trial court.

The trick is that the orders take effect unless someone appeals them, and since deals like this are usually a result of a plea bargain which waives rights to an appeal, and even if the result is simply imposed by the judge, one has to consider if taking the case up on appeal, having the sentence reversed, and then having it remanded to the same judge for resentencing would be worse from the perspective of the defendant, given the broad authority of a sentencing judge in a minor case like this one, than simply accepting the illegal sentence.

108, 113, 953 S.W. 2d 596, 598 (1997)... With the interest of Maegan as our primary concern, we reverse the chancellor's order awarding the parties joint custody and remand the case to the chancellor to enter an award granting primary custody to appellant with liberal visitation rights to appellee.»