Sentences with phrase «which appellate judges»

I agree Gall's is a galling opinion, in which appellate judges substitute their views for those of the district judge who actually examined and evaluated the living and breathing person being sentenced.

Not exact matches

An appellate judge in Western New York will consider reversing a temporary restraining order which among other things, prohibits the governor from vetoing a bill that stops the collocation of the region's children and adult psychiatric centers.

The appellate judges have now tossed out anything relating to Mann's original fraudulent complaint, including Judge Combs - Greene's unbelievably careless ruling in which the obtuse jurist managed to confuse the defendants, and her subsequent ruling in which she chose to double - down on her own stupidity.

The court, which is Hong Kong's highest appellate court, made the announcement Wednesday that McLachlin will be one of its newest non-permanent judges.

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

Rather, it merely proves that the different regional federal appellate courts follow somewhat different rules governing the order in which the judges on the three - judge panel that decided the case are listed on an opinion.

As a former law clerk of both a trial judge and an appellate judge, Brennan spent countless hours in the courtroom, which have given him a unique understanding of both trial practice and the appellate process.

Further, the appellate court noted that the trial court judge properly considered the factors in Virginia Code Section 20 - 107.1 (E), including husband's adultery which was significant but not the ultimate cause of the dissolution of the marriage.

Opponents of commission - based appointment of judges — also known as the Missouri Plan, for the state in which the judicial selection process originated — have obtained approval from the secretary of state for two identically worded proposed constitutional amendments that would establish contested elections for Missouri's appellate judges.

The appellate panel, which consisted of two judges, affirmed a previous ruling that rendered an award of benefits to Diaz.

When the appellate court received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously ruled.

Given that expression of public sentiment, which it is submitted is an obvious one, the Supreme Court's judgments in Morse must raise real questions of the ability of appellate judges who are far removed from the day - to - day world of ordinary New Zealanders to interpret and apply statutes that are said to embody New Zealand values.

HB 2088 Requests interim study regarding the method by which district judges and appellate justices and judges are selected.

If admissibility is challenged — as it was in Kennedy v Cordia (the appellate court held the judge did not need «instruction or advice» from the expert)-- the first consideration is the assistance to the court which the expert can give.

Or, one will see cases in which the judge refers to a long list of cases — some appellate, some co-ordinate, all of which deal with the point in issue — and concludes with the line that since neither counsel cited the binding authorities, let alone any, nobody gets costs.

More, nearly 70 percent of our incoming attorneys have served as judicial clerks for federal judges, which provides key insights into arguments that resonate with t rial and appellate judges.

The most common manner in which a judge is held accountable for errors is via the appellate process.

HB 3378: mandatory retirement for appellate judges at age 75; judge may serve out term in which age 75 is reached HB 3379: term limits of 12 years for the Court of Civil Appeals only; there is no mention of term limits for the state's top courts (Supreme Court and Court of Criminal Appeals) although news reports indicate that may be in the offing HB 3380: Creation of Board on Judicial Performance Evaluation.

Absent palpable and overriding error, an appellate court may not substitute its views of the evidence for those of the trial judge and may not interfere with the trial judge's decision provided there was some evidence upon which the trial judge could have reached his or her decision.

• Retired appellate judges who want to go back to law practice will have to wait three years before they can represent a client at the court on which they served as a judge.

However — with one exception I know about — in Reilly v. Lynn 2003 BCCA 49 (Southin J.A. dissenting — though this wasn't the point of the dissent) when discussing the scope of appellate power to review lower court findings of fact, said that once upon a time it was important for that court to take into account which judge the appeal came from because of the quality of the judge — nobody says that openly.

which judges would be guided but not bound by sentencing guidelines, in which they would impose determinate sentences not subject to adjustment by a parole board, and in which their sentences would be subject to appellate review for reasonableness and proportionality

He volunteers annually as a judge for the Marshall - Brennan Constitutional Literacy Project, which includes an appellate advocacy competition for high school students, and as a judge at Drexel University Thomas E. Kline School of Law for first - year oral arguments in Legal Methods.

Although I have previously argued that the Piresferreira decision was legally wrong and, in fact, contrary to other appellate decisions including Sulz v. Canada, 2006 BCCA 582 and Queen v. Cognos, (the Supreme Court of Canada did not disturb or address the trial judge's award of $ 5,000 in damages for «emotional stress» in its decision in Queen v. Cognos Inc., [1993] 1 SCR 87,) this post will focus on a different issue: whether the decision highlights the differences to which claims of a hostile work environment can be put.

Bad news for the disgruntled divorce client in the case reported on here Nov. 17: a state appellate court has ordered San Francisco Superior Court Judge Ronald Quidachay to reconsider his ruling allowing the client to claim emotional distress damages over the attorney's alleged mishandling of his divorce (which the attorney denies).

Youth court judges have a greater awareness than appellate judges do of the effect that admission or exclusion of the evidence would have on the reputation of the administration of justice in the community with which they deal on a daily basis.

Under this system, the voters have eliminated contested elections in which appellate Justices and judges campaign against other candidates.

In 2007, he was appointed a Judicial Assistant to the Court of Appeal (Lady Justice Arden), which gave him an invaluable insight into the way judges decide cases and appellate work.

Another researcher, James Stratman, had found his way to the early legal writing conferences, which offered him a forum for research that he had started doing at Carnegie - Mellon on the reading protocols of appellate judges.

While Judge Posner is an appellate judge, he is sitting, for this case, on the bench of a district court, which is a first - instance (as opposed to an appeals) cJudge Posner is an appellate judge, he is sitting, for this case, on the bench of a district court, which is a first - instance (as opposed to an appeals) cjudge, he is sitting, for this case, on the bench of a district court, which is a first - instance (as opposed to an appeals) court.

â $ œJudges are going to ask a lot of questions, particularly appellate judges â $ ¦ and they actually expect answers, and they need answers, and they want answers, and lawyers who donâ $ ™ t answer the question, which is the large majority [of lawyers], lose points, because what it tells me is there is no good answerâ $» your case is indefensible, â $ Michel said.

Warner's appeal included several points on which the appellate court could have hung a reversal, but it chose to focus on the trial judge's failure to adequately apply the «balancing» test, as outlined in Mobilisa.

The answer is that prior service as a trial judge, which should be a prerequisite for being an appellate judge, will now be a detriment.

In a recent conversation, which has been edited, he talked about the arguments judges don't want to hear, the importance of professionalism, and the inside information he acquired that helps him in his appellate practice today.

(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.

(b) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member.

Yet far from paralysing the Australian state into inaction by encumbering the legal system with an unwieldy distinction between judicial and non-judicial power, this limitation on the scope of judicial power prompted the development of the Administrative Appeals Tribunal, an expert administrative appellate body — presided over by a judge — which is expressly empowered to consider the «merits» of governmental action (Cane, 2009).

Two constitutional amendments to modify the commission system (which applies to appellate judges and general jurisdiction judges in the state's largest counties) were filed this year.

(B) shall not practice law in the court on which the judge serves or in any court subject to the appellate jurisdiction of the court on which the judge serves, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.

Barry «is a very active judge at oral argument, which is usually a sign a judge has already read the briefs and is very actively thinking about the case,» said David Fine, an appellate lawyer based in Harrisburg, Pa. «She is very polite in questioning and at the same time also direct.»

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

(1) is not required to comply with Canons 4A (4), 4A (5), 4D (2), 4E, 4F, or 4H (3); (2) except as provided in the Conflict - of - Interest Rules for Part - time Magistrate Judges, should not practice law in the court on which the judge serves or in any court subject to that court's appellate jurisdiction, or act as a lawyer in a proceeding in which the judge has served as a judge or in any related proceeding.

(1) The judge should not serve if it is likely that as a fiduciary the judge would be engaged in proceedings that would ordinarily come before the judge or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.

If you think that what Judge Kozinski did was bad, I know of federal appellate judges who have publicly admitted to viewing child pornography: Of course, those other judges did that in the context of adjudicating appeals in which a criminal defendant was challenging the sufficiency of the evidence supporting a child pornography conviction.

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.

That, for receiving appeals from the decrees and other proceedings and conduct on the part of the above - mentioned judges immediate, there be judicatories appellate, all single seated, in such number as experience shall have shown to be necessary: if more than one, station of all of them the metropolis: that being the central spot, to which persons from all parts of the country have occasion to resort for other purposes; and at the same time that in which the best - formed and most effective public opinion has place — public opinion!

The judge had not overlooked the fact that the consequent contracts were governed by English law, but had made an evaluative judgment which the appellate court should not reverse unless satisfied that it was wrong.

As is frequently the case with appellate courts, the lawyer's issues were sidetracked by questions which the judges thought up.

There were some appellate decisions which should have caused judges to rethink how they were using Athey material contribution.

In short, this recent appellate decision illustrates the organic, flexible beauty of our Common Law system which records the law in reports that embody the decisions of judges, together with the reasons they assigned for their decisions.