Sentences with phrase «overturned under an appeals»

Not exact matches

Parker was acquitted in the rape case more than a decade ago and Celestin had his sexual assault conviction overturned on appeal (a higher court deemed his trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night of heavy drinking.

By contrast, after the New Jersey Supreme Court denied Gov. Chris Christie's appeal of a judge's overturning of the state's ban on same - sex marriage, an attempt by state lawmakers to later write a bill with religious protections collapsed under pressure from gay - rights groups.

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

This is not to imply that Mr. Silver's retrial is pointless; indeed, the appeals court that overturned his verdict noted there was enough evidence to still find him guilty under the narrower definition of corruption.

Two of Sampson's former legislative colleagues, one - time Senate leader Dean Skelos and former Assembly Speaker Sheldon Silver, both contend they should remain free pending appeal because their corruption convictions are likely to be overturned under the new rules established by the McDonnell case.

The order was overturned by a federal judge and is under appeal.

Lawyers for the state of Ohio last month asked the U.S. Court of Appeals for the Sixth Circuit to overturn a federal district court's ruling that expanded the state's responsibility to fund school desegregation in Lorain County under the terms of a consent decree.

The court denied the request, but on appeal a Fourth Circuit panel overturned the district court in 2012, arguing that under Supreme Court doctrine any racial disparities in the district are still presumptively caused by prior discrimination.

Denver District Court found in 2011 the program violated the Public School Finance Act of 1994 and other provisions of the state Constitution, but it was overturned by the Colorado Court of Appeals in 2013, saying the petitioners lacked standing to sue under the act and that the voucher program did not violate the state Constitution.

Prince had appropriated 40 of Cariou's photos altering them variously, and though the judge ruled in favor of Cariou in 2011, the appeals court largely overturned the original decision in 2013, deciding that most photographs suffered sufficient transformation and were thus under permitted use.

Successfully appealed to court to overturn an arbitrator's award against a client on grounds that the arbitrator exceeded his authority under the collective bargaining agreement

The appeal, brought by the Downtown Vancouver Business Improvement Association (DVBIA) and the City of Vancouver (COV), seeks to overturn a finding that the Downtown Ambassadors private security program's targeted and repeated removal of homeless persons from public spaces in downtown Vancouver constituted discrimination under the BC Human Rights Code.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

Sean Clapp was successful in overturning the trial court and court of appeals in a corporate law issue of first impression under Indiana law.

On February 7, 2013, the Ontario Court of Appeal released its decision in Blue Mountain v. Ontario (The Ministry of Labour) overturning the rulings of the Ontario Divisional Court and the Ontario Labour Relations Board (OLRB) that Blue Mountain Resort had failed to report the drowning death of a guest pursuant to their obligations under section 51 (1) of the Occupational Health and Safety Act («OHSA»).

L.R. 873; [2014] 1 Lloyd's Rep. 223; [2013] 2 C.L.C. 713; [2014] Lloyd's Rep. I.R. 327 — appeal against decision of Court of Appeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] Iappeal against decision of Court of Appeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] IAppeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] I.L.Pr.

The Court of Appeal held that the relevant consideration under s. 114 (2), CJA 2003 had been covered by the trial judge and there were no other grounds to overturn the conviction.

The Court of Appeal overturned the initial decision, concluding that without leave having been obtained, no cause of action under s. 138.3 was being «asserted» so as to engage s. 28 (1) of the CPA.

In a much anticipated decision, the Ontario Court of Appeal overturned the findings of Lauwers J. and found that physical and psychological impairments can be combined to determine catastrophic impairment under cl.

The Supreme Court of Canada eventually confirmed the federal government's right to provide maternity and parental benefits to workers under the federal Employment Insurance program, and overturned the 2004 ruling where in the Quebec Court of Appeal ruled that the federal government's special EI benefits program was unconstitutional.

The first instance decision awarding the penalty stipulated in s 214 (4) to the tenant was overturned on appeal by HHJ Bullimore, who found that the landlord was not liable for the penalty where he had correctly protected the deposit but had simply failed to provide the information to the tenant — as required under s 213 (6)(a)-- within 14 days, as required by s 213 (6)(b).