Sentences with phrase «remand from»

On remand from this Court, it found that nothing in Burns v. Reed, 500 U. S. 478 - in which the Court held that prosecutors had absolute immunity for their actions in participating in a probable - cause hearing but not in giving advice to the police - undermined its initial holding.

Currently on remand from the Supreme Court, this covers an Apple design patent that Samsung allegedly stole.

Jones v. Flowers, 373 Ark. 213 (Ark. 2008)(established, on remand from a U.S. Supreme Court victory in a constitutional challenge to state tax foreclosure procedures, that attorney's fees may be recovered under federal civil rights law even when the plaintiff's original complaint did not cite the federal statute)(briefed, co-counsel)

In a 3 - 2 decision today [July 17, 2013] in the case of Adoptive Couple v. Baby Girl, 404 S.C. 483, 746 S.E. 2d 51 (2013), the South Carolina Supreme Court resolved the remand from the United States Supreme Court by:

On remand from Daubert, the lower court's unease with this new task was clearly evident: «Our responsibility, then, unless we misread the Supreme Court's opinion is to resolve disputes among respected, well credentialed scientists about matters squarely within their expertise, in areas where there is no scientific consensus as to what is or what is not «good science,» and occasionally to reject such expert testimony because it was not «derived by the scientific method.»

[UNPUBLISHED][Per Curiam - Before Bye, Beam and Gruender, Circuit Judges]: On remand from the Supreme Court for reconsideration under Gall v. U.S.. Under the more deferential abuse - of - discretion review outlined in Gall, the district court did not abuse its discretion in sentencing defendant to 132 months, and the sentence is affirmed.

Represented client after remand from the 3rd Circuit Court granted a renewed motion for summary judgment dismissing a slander per se action for failure to show special harm.

denied, 126 S. Ct. 1165 (2006): On remand from the Supreme Court, the Eighth Circuit struck down Minnesota's political activities canons, which prohibited judges and judicial candidates from engaging in partisan political activity but permitted them to speak at non-political party gatherings.

2011): On remand from the Ninth Circuit, the district court considered the merits of the candidate's claims regarding the solicitation, endorsement, and political activities clauses of the Arizona Code of Judicial Conduct.

We reiterate that, aside from the narrow issue of whether a transition plan is in Baby Girl's best interest, the orders of this Court following remand from the USSC [United States Supreme Court] leave nothing further to be decided by the family court.

Not exact matches

The court held that prisoners were not categorically excluded from the FLSA minimum wage provision and remanded the case for an inquiry into the circumstances of employment.

With respect to the case from Nantes, the court remanded the case for further consideration of the particular context of the display.

A district court has granted a plaintiff's motion to remand a lawsuit back to a state court after the plaintiff, who was seeking a waiver of ineligibility from the Kentucky High School Athletics Association, withdrew his allegation that his rights under the United States Constitution were violated.

If they have anything against Chief Fani - Kayode, one expects that they should charge him to court rather than obtaining contentious remand warrants from one court to the other.

But records from Suffolk County Sheriff Vincent DeMarco's office show that 31 people have been remanded in the last seven months.

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.

Changes to the law on remand will hinder the public from knowing when a convicted criminal walks free from the court, politics.co.uk can reveal.

The Accra Circuit Court has remanded the Chief Executive of Capital Assurance Company Limited, Foster Kpordzih, for operating a bank without permit from the Bank of Ghana (BoG), as required by the law.

Robert, a legal practitioner and environmental activist, through his counsel in the suit, Mr Ebun - Olu Adegboruwa, is asking the court to stop the Federal Government and EFCC from applying for any new remand warrant against him from any court in Nigeria, since a pattern had been established that such remand warrant was only a ploy to keep him in custody indefinitely.

Metuh was brought in to court in handcuffs from Kuje prisons where he had been remanded since last week.

It is better that he is remanded in the custody.And let him be properly protected because of possible attact from his members

The Delta Force case was viewed as the perfect avenue for the government to send a strong message to such acts, especially during the first court appearance of the 13, where escaped from lawful custody, after eight of their compatriots sparked confusion in the court in protest of the Judge's ruling that the 13 be remanded and not given bail.

«The defendants must be remanded in prison custody, if they fail to perfect their bail conditions within two months from the day of arraignment,» the trial judge held.

Worst still, the presiding judge shows how weak and compromised the judicial arm is by not granting bail to an accused who was brought to court almost half dead but rather remanded him to prison custody according to early reports from Lokoja in Kogi State.

A 23 - year old man in the Hohoe Municipality of the Volta Region, has been remanded into prison custody by a magistrate court for allegedly stealing his brother's cocoa seeds and plantain from the farm.

A Circuit Court in Akim Swedru has remanded into Police custody, Louis Adomako, a 33 - year - old phone repairer charged with robbery of taxi cabs from their drivers around villages near Akim Akoroso near Oda in the Eastern Region.

It's a noir - style paranoia thriller about a troubled woman who unwittingly signs herself up to be remanded to an asylum, and things get even twistier from there.

The day after announcing its decision in that case, the court vacated and remanded Blaine Amendment cases from New Mexico and Colorado, to be reconsidered in light of Trinity Lutheran.

«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.»

While it still reversed the district court dismissal and remanded the case back to the court, in its most recent decision, the 9th Circuit based its discussion on the U.S. Supreme Court's finding in Dudenhoeffer that there is no presumption of prudence for employee stock ownership plan fiduciaries beyond the Employee Retirement Income Security Act (ERISA) exemption from the otherwise applicable duty to diversify.

On the same evening both I and Ms Lubulwa were sent to remand and not back to police custody, due to isolation from each other and outside family communication we both lost complete contact with the outside world, although a brief visit to court on June 16th saw the magistrate allow us bail bond.

From a criminal perspective, we continue to require accused persons to appear before the court for administrative remands when the system, particularly for those with representation, could easily be moved to an electronic format (I addressed this specifically in my blog.There is still a requirement to file paper - heavy applications, along with casebooks, when it would be very easy to provide the judiciary and opposing counsel with electronic copies that could be used inside courtrooms.

WHEREAS Skeeter Jones, good and gentle Labrador, attended faithfully with Ms. Amy Jones all prescribed Baylor Law School classes, dog - day in and dog - day out, until completion; WHEREAS he showed uncommon bravery in yawning loudly in abject dog - boredom during a certain lecture of Professor Jeremy Counseller, caring but little for the intricacies of removal and remand; WHEREAS he successfully begged for donuts from Professor David Guinn, having been unfairly tempted by the hi - jinks of the latter; WHEREAS Good Dog Skeeter completed the Practice Court program without being called upon once or reading nary a case, all knowing that a snarl would rebuff any such intrusion; WHEREAS he is now an older, wiser and even a bit fatter dog; WHEREAS those who survive Baylor Law School are entitled to all barking rights, entitlements and appurtenances thereto; THEREFORE, BE IT HEREBY DECREED that Baylor University School of Law confers upon Skeeter the Labrador this

For the phrases «are persuaded,» «be taken,» «is sustained,» «are overruled» and «is remanded,» BriefCatch suggested changing all from the passive to the active voice.

A few months after holding an hourlong oral argument, the 3rd U.S. Circuit Court of Appeals agreed in late July to remand the case to the trial judge, U.S. District Judge Lawrence F. Stengel, who, in turn, agreed to vacate eight of his published opinions and to «direct» Lexis and Westlaw to remove them from their databases.

A shocking figure from Prison Statistics India 2015 report suggests that two thirds (67 %) of prisoners in the country are those on undertrial — individuals on remand, held in custody without conviction awaiting the outcome of a trial.

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.

Lauzon, [2007] A.J. No. 768 (QB): Appeal by accused from conviction for assault — Appellant charged with assaulting complainant at remand centre — Complainant did not testify at trial — Officer's evidence only referred to complainant's last name — No evidence adduced that at time of offence, there was only one inmate with complainant's last name — Crown specified complainant's first name in charge --

After the initial trial over Thomas» alleged copyright infringement, which resulted in a $ 222,000 verdict against Thomas, Brian Toder, Thomas» first lawyer, successfully won a remand but later withdrew from the case.

For reasons I explained in my previous post, the» 647 claim construction from the «Posner case» was accepted by Apple last week when it brought a motion for a remand of a reexamination procedure jointly with the United States Patent and Trademark Office.

After all, even if damages were inappropriately calculated (which, from my quick read, seems to be a fair assessment), the more appropriate remedy would be a remand or a new trial, with instructions to recalculate damages, rather than an out and out judgment for Morgan Stanley.

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

One judge dissents from this remand decision.

However, the Supreme Court of Texas found that evidence from that accident was relevant and remanded the case for a new trial.

«At the preliminary inquiry, the judge remanded her into custody and she was transported to and from prison with her attacker and she was forced to testify in shackles and she was the victim,» Stanton says.

The Court concludes... that the district court abused its discretion in denying Slatten's motion to sever his trial from that of his co-defendants and therefore vacates his conviction and remands for a new trial.

The First Circuit ultimately agreed with the defendant and remanded the case for a new trial, concluding that since there was no evidence to establish the percentage of income derived from the defendant's products, the «testimony was unreliable.»

Bayer AG v. Paul, 544 U.S. 919 (2005)(Do federal appellate courts have jurisdiction to review remand orders where the reasons for remand are different from those identified in the motion to remand?)

In an attempt for forestall further delays from Birth Father, his family or the Cherokee Nation, the South Carolina Supreme Court included the following language in the remand:

While the number of youth arrested and sentenced overall, as reported by 12 provinces and territories, has declined over the years — with remand count in 2014/2015 down 33 per cent from 10 years ago and the number of youth in sentenced custody made an even larger drop of 60 per cent — this is chalked up to a drop in young people entering the system at all.