«Thousands of prisoners will seek legal advice after the Supreme Court ruled that
trial judges had been wrongly interpreting a law relating to joint criminal enterprise for 30 years, lawyers predict.
However, the Court of Appeal did indicate that well documented fee submissions should be the norm, discussing situations where
trial judges have great discretion to reduce requests for block billed time entries.
Some leeway must be given to
trial judges in managing their courtrooms efficiently and ensuring that trials proceed in an appropriate manner in accordance with the laws of evidence.
Moreover, they have to explain almost every decision they make — many decisions can be appealed, while
some trial judges and all appellate judges have to put in writing the reasons for their decisions.
My search of LinkedIn turned up a number of state appellate and
trial judges, including one Supreme Court justice, G. Barry Anderson of the Minnesota Supreme Court (with 39 connections), and a number of intermediary appellate court judges.
In Housen, the standard of review was described for appeals from
trial judges.
Constitutional law:
The trial judges in these criminal cases appointed amicus curiae to make sure the cases would be fair and efficient.
The site provides resources for state
trial judges who sit on capital cases, but one need not be a judge to find it useful.
«A lot of what the Supreme Court does is simply irrelevant to what federal
trial judges do on a daily basis,» wrote Judge Kopf, who presides and blogs from Lincoln, Neb..
[For if
trial judges] think their decisions are liable to be overturned unless they reach a particular conclusion, they will come to believe that they do not in fact have any choice or discretion in the matter...»
Little did I know that, in the dank toilet of DC justice, they can, on the one hand, have two
trial judges simultaneously ruling on the same case while, on the other hand, be entirely unaware of whether their own anti-SLAPP law is appealable and thus require a decision from the Appeals Court on whether the law is appealable before the appeal can be appealed.
And thanks to all the volunteers, including the Puppy
Trial Judges, who pitched in to make the 2016 Ventura Open House and Puppy Trials a great day for all!
Evaluators must be licensed herding test /
trial judges in good standing with the AKC, American Herding Breed Association (AHBA), Australian Shepherd Club of America (ASCA) and / or Canadian Kennel Club (CKC).
The golden retriever is an intelligent breed; in fact it ranks high on the list of top ten most intelligent breeds according to obedience
trial judges.
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.
In what has turned out to be a landmark decision, the Court ruled in Daubert that federal
trial judges must act as gatekeepers in order to exclude unreliable evidence from the courtroom.
Joiner has likely made this task more difficult by instructing
trial judges that neither Daubert nor the Federal Rules of Evidence «requires a district court to admit opinion evidence which is connected to existing data only by the ipse dixit of the expert.
«And with the withdrawal from the cases by counsel, there is no way the trial of the accused persons can start earlier than 2012 when it is obvious that one of
the trial judges has fixed a week for speedy trial of Bankole and Nafada.»
He said 16 salary levels exist for different
trial judges in New York, calling it a «crazy system.»
Other positive developments include a recent ruling by the Court of Appeal allowing
trial judges to explain to jurors why a victim would have delayed reporting a rape to police, helping to alleviate the influence of the rape myth.
It seems like every day there's a new breakthrough in A.I., whether it's a system that consistently renders the same verdict as
trial judges or a computer capable of winning millions of dollars from the world's best poker players.
Among other things,
the trial judge ruled that the two weeks» notice the employees had offered was woefully insufficient.
In 2009 the B.C. Court of Appeal reaffirmed
the trial judge's assessment that, essentially, that all's fair in non-mergers and acquisitions.
The trial judge said the law is at odds with Section 121 of the Constitution Act, which reads «All articles of the growth, produce, or manufacture of any one of the provinces shall, from and after the union, be admitted free into each of the other provinces.»
But a New Brunswick
trial judge ruled that the charge violated constitutional law, overturning a ban on bringing alcohol across provincial boundaries.
A trial judge described it as «a system of organised irresponsibility that was implicitly condoned» (senior managers used removable sticky notes to authorise potentially incriminating documents).
Those are the words I spoke as
a trial judge in 1997 when I sentenced Bobby Bostic to a total of 241 years in prison for his role in two armed robberies he committed when he was just 16 years old.
The rich, influential and well - counseled rarely meet
a trial judge and almost never see the gas chamber or electric chair.
For the first time in
the trial the judge, who usually spoke so softly that the spectators had trouble hearing him, raised his voice and said sharply: «Well, I'm going to, so get on with it.»
Alas,
a trial judge has ruled that Jimenez will not be able to sue, since a waitress is not legally obligated to warn a customer «against a danger that is open and obvious.»
A trial judge ruled that the owners were protected in making this decision by the First Amendment.
Prysmian also argued there were errors in
the trial judge's reliance on witness evidence.
In its appeal to the Full Court, Prysmian argued that
the trial judge erred in finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissed.
The trial judge also concluded that (para 285) «the threat of sale by independent retailers to the major supermarket chains constrained Metcash's wholesale pricing decisions» and that the competitive constraint imposed by Franklins was much less than that imposed by the major supermarket chains - these findings of
the trial judge were set out by Yates J at para 297 as follows:
The trial judge concluded that if Metcash were permitted to make the share acquisition, Metcash would close - down Franklins» wholesale supply arrangements, sell most or all Franklins corporate stores to independent retailers and require those retailers to enter supply arrangements with it (para 155).
On this basis
the trial judge concluded that (para 298) «if Franklins was in the relevant market with Metcash (as the Commission clearly contended), it must be the case that the major supermarket chains, which his Honour found to be a closer competitive constraint than Franklins, must be included in that market.»
The trial judge did not accept the ACCC's contention that the major supermarket chains did not place a close constraint on Metcash's wholesale pricing, noting (para 257 - 260 of the trial judgment; reproduced at para 280 of Yates J's judgment)
Notably,
the trial judge found that Woolworths and Coles «have approximately 80 % of the national grocery market share, and that independent retailers regard the major supermarket chains as their competitors.»
His Honour then considered the Commission's claim that
the trial judge erred in finding the major supermarket chains exerted a «very significant» constraint on independent retailers (from para 344) and again found no error on the part of
the trial judge.
The trial judge had accepted that (para 239) the geographic dimension of any market for the wholesale supply of packaged groceries would be New South Wales and the Australian Capital Territory» but «did not accept that the product dimension of the market should be delineated by reference to packaged groceries» as argued by the Commission.
ACCC Chairman, Rod Sims, stated that the ACCC believed «that there was sufficient evidence for the Court to find that Cussons had entered into an understanding» and that the appeal will allow the Full Court to «consider whether
the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.»
Within two minutes of arrival, an intern delivered the baby using what
the trial judge characterized as «a basic delivery technique».
While we accord weight to the trial court's findings of fact because
the trial judge heard and observed the witnesses * 275 firsthand, we are not bound by them.
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Consequently,
the trial judge, Justice Mojisola Olatoregun, adjourned the suit to February 13and ordered service of court processes on the defendants.
Pistorius sat in a dark suit as original
trial judge Thokozile Masipa started hearing pre-sentencing arguments at Pretoria High Court.
The judges wrote that most people would view those scenarios with «distaste,» but they ruled that the instructions that
the trial judge gave to the Silver jury were incorrect.
«
The trial judge failed to respect that provision of the Constitution when he elongated 90 days provided for, saying the process was paused when the interim order for maintenance of status quo was granted.
The trial judge, Justice John Tsoho, on Monday, had adjourned the case to Friday after Malabu Oil and Gas filed an application to join the matter.
In December 2013
the trial judge announced that Ian Edmondson was unwell and that his case would be considered at a separate hearing when he recovered.