Sentences with phrase «than trial court»

Effective appellate advocacy requires a different set of skills than trial court litigation.

After having been through months of litigation in district court, you will find that appellate procedure is a lot different than trial court procedure.

And it doesn't matter whether the reviewing court rather than the trial court makes this finding.The crux of the decision lies in the fact that «the State failed to prove its case as a matter of law, not merely because [the judge], as a 13th juror, would have decided it differently from the other 12 jurors.»

@user6726 Appellate decisions are absolutely more authoritative than trial court decisions when they are available, but in any particular incident, the trial court is the first body to make an authoritative interpretation of the relevant law as applied to those particular facts in that particular case.

Not exact matches

AT&T faces the added danger that the trial (and subsequent appeals, including all the way to the Supreme Court) will take much longer than the late April deadline for the finalization of the acquisition.

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.

But during an eleven - day trial at Guildford Crown Court, a jury took less than four hours to acquit him of all two dozen indecent assault counts, and one count of outraging public decency.

That democracy can be made to work, that by the scientific method we can gain mastery over the latent resources of the universe, that trial by jury is practicable, that torture is a foolish method of seeking evidence in the courts, that chattel slavery is a failure — such things we take for granted, not because we individually are wiser than our forebears, who disbelieved them all, but because we share in a social tradition which we did not even help to create, but which has shaped and conformed our thinking with irresistible power.

Although the parmesan cheese cases were recently dismissed, the defendant companies were involved in contentious litigation for more than a year before the trial - level court dismissed the action.

Harry meanwhile, having triumphantly routed the prosecution at his trial, inexplicably failing to substitute the struggling centre back William Gallas against Chelsea at Wembley seeing Spurs slip away in the concluding games of the season, architect of those superb displays against Milan in the European Cup, he remains as a supreme wheeler dealer, much though he hates the description, immensely wiser, shrewder and more worldly wise than he ever claimed to be in court, I feel he would always be happier at club level.

Trial court, in its decree, observed: «It is very plain from the record that the parents are better people than their conduct of recent years would indicate.»

An election petition to which section 229 (3) applies shall be tried in open court without a jury, and notice of the time and place of trial shall be given not less than 14 days before the day of trial.

The trial, expected to last four to six weeks, will have plenty of seamy detail about backroom dealings, court filings suggest — from jokes about wanting more «zitti» in alleged coded references to bribes taken from «The Sopranos,» to using clout to influence state agencies and routing more than $ 300,000 in alleged payoffs to Percoco through his wife.

At Silver's trial jurors were told they could convict based on «any action under color of official authority» by Silver, but the 2d Circuit said the Supreme Court ruling required a «formal exercise of government power,» rather than lesser acts like just making a phone call or having a meeting.

«Because of the pride on how we tackled terrorism and defeated Boko Haram terrorists through our gallant troops and partners in the twilight of the previous administration, which is the reason I have insisted on open and public trial of my stewardship rather than secret trial in the court as being canvassed by my prosecutors.»

«Here, because it is undisputed that the RFPs and contracts at issue were separate, this court should dismiss this case now rather than waste judicial resources on a trial,» Miller wrote the judge last Tuesday.

On Monday, while ordering the court bailiff to make another attempt to serve Jonathan with the witness summons, the judge insisted that the trial must continue with Metuh either testifying himself or calling on another witness other than the former President as his next witness.

Tickets written in September in Times Square accounted for more than 50 percent of all violations written by police citywide — up from around 18 percent a month earlier, according to records from the Office of Administrative Trials and Hearings, the court where the tickets street vendors get from police and the Health Department are filed.

«Because of the pride on how we tackled terrorism and defeated Boko Haram terrorists through our gallant troops and partners in the twilight of the previous administration, that is the reason I have insisted on open and public trial of my stewardship rather than secret trial in the court as being canvassed by my prosecutors.»

Some of the grounds the Federal Government is seeking the revocation of Kanu's bail are that; the offence for which he is standing trial is not ordinarily bailable; that among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file in court medical updates of his health status every month; that rather than observing all of the conditions listed above, the 1st defendant in flagrant disobedience to the court order flouted all conditions of the bail.

«Storming the court to free people who are on trial is worse than sitting on radio and threatening the court.

Coleman at the onset had asked the trial court to examine more than 4,000 of these ballots.

Clegg, who has lived at 26 Lauren Court in Woodstock for 25 years, said in his press release that his experience as a trial lawyer, defending people's rights and more than 40 years of «community service make him well - suited to represent the sprawling and diverse» district.

«Anyone who has a case against any man of God should swear an oath, proceed to the law court and face the rigours, rather than engage in media trial and character assassination, which have become the hallmark of this administration.»

«We can only hope the Supreme Court is paying closer attention than the President and wipes out the Patent Trial and Review Board,» Caputo said.

«My general impressions, I was surprised that how this was being treated as an actual trial, a court trial, as far as the questioning and examining was going and that it seemed as if the Commissioner was acting as a judge, getting advice from her own legal counsel at times,» said Scott, «and just the level of detail and scrutiny was much more than I had expected.»

MANHATTAN FEDERAL COURT — After less than two hours of deliberating the fate of Assemblyman Sheldon Silver in his corruption trial, a «stressed out» juror pleaded with a Manhattan federal court judge to be excused, saying she was being criticized by fellow jurors and her heart was pounCOURT — After less than two hours of deliberating the fate of Assemblyman Sheldon Silver in his corruption trial, a «stressed out» juror pleaded with a Manhattan federal court judge to be excused, saying she was being criticized by fellow jurors and her heart was pouncourt judge to be excused, saying she was being criticized by fellow jurors and her heart was pounding.

John Haggerty, accused of stealing more than $ 1 million from Mayor Michael Bloomberg's third term re-election campaign, is on trial in Manhattan Supreme Court.

U.S. District Court Judge Valerie Caproni ordered the trial for six of the individuals — including Ciminelli and former SUNY Polytechnic head Alain Kaloyeros — for «not sooner than» next May 15.

The letter also reminded the EFCC that the issue concerning Secondus was already in court and wondered why the commission should not approach the court with its evidence if any than continuously indulging in the media trial.

The prosecution appealed the sentence, Hyman said, and the appeals court — rather than rejecting the sentence — agreed with the trial court and reduced the sentence by an additional year.

A review of those cases has concluded that «Most trial judges have heeded the Supreme Court's admonition to act as gatekeepers, and their review of admissibility is generally more detailed and in depth than in pre-Daubert cases» (Bert Black.

Malone further observed that this was supposed to be a trial by jury, yet the jury had not been permitted in the court for more than 15 minutes since being sworn in.

Every time I go there I feel like such an idiot - there is a whole separate set of court rules, they use different terminology, have different ways to conduct trials and different sentences / sanctions for kids than adults.

The parties agreed to the move after the court threatened to dismiss the suits with costs, noting the cases still hadn't been placed on a trial list more than two years after the initial lawsuit was filed.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

Mychal Bell, 17, the first of the classmates to go on trial, was quickly convicted in a kangaroo court by an all - white jury presided over by a white judge in less than three hours.

At Rebell's request, a trial court judge in 2006 ordered the New York legislature to send New York City an additional $ 4.7 billion (or more than $ 5,000 per student).

The College Board's unfortunate and puzzling action — an action that no court was likely to order if the case had gone to trial — deserves far more scrutiny than it has received so far.

In April, the California Court of Appeal overturned the trial court's ruling in Vergara v. California [i], in which a group of families had challenged the constitutionality of state laws governing teacher tenure [ii](California state law automatically grants tenure to teachers after sixteen months, provides extra due process protections to teachers over and above those available to other state workers, and requires schools to use seniority rather than competency in layoff decisiCourt of Appeal overturned the trial court's ruling in Vergara v. California [i], in which a group of families had challenged the constitutionality of state laws governing teacher tenure [ii](California state law automatically grants tenure to teachers after sixteen months, provides extra due process protections to teachers over and above those available to other state workers, and requires schools to use seniority rather than competency in layoff decisicourt's ruling in Vergara v. California [i], in which a group of families had challenged the constitutionality of state laws governing teacher tenure [ii](California state law automatically grants tenure to teachers after sixteen months, provides extra due process protections to teachers over and above those available to other state workers, and requires schools to use seniority rather than competency in layoff decisions.)

In a decision that arrived weeks earlier than expected, the judges wrote: «We reverse the trial court's decision.

Now, rather than being able hide from their about - face on the critical issue of school funding, Governor Malloy and Attorney General Jepsen will be facing a court trial on Malloy's failure to deal with Connecticut's unconstitutional school funding system right in the middle of the election.

If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial.

Less than a month before the trial was scheduled to begin, Apple has reached an out - of - court agreement to close an antitrust lawsuit alleging the company conspired with publishers to raise ebook prices.

While the publishers have all stated rather vehemently that they are not guilty of any wrongdoing in the matter, they opted to settle the case out of court and pay damages in the millions of dollars because it would have been less expensive than going to trial over the allegations.

- IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

The Colorado Dog Fanciers trial court made this clear, stating that, while it could not be proven that pit bulls bite more than other dogs, there was «credible evidence that Pit Bull dog attacks are more severe and more likely to result in fatalities.»

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The trial court found the City had done much more than to simply adopt the concept of a feral cat «trap, neuter, release» program and enjoined all further action until the City complied with CEQA.

She is a trial attorney with more than 20 years of experience trying cases and arguing appeals in the state and federal courts in Washington, Illinois, Missouri and Arizona.