| Sperry and a number of others to their case to the appellate court and eventually the courts proclaimed the oath to be unconstitutional. |
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| The appellate court reversed, saying the search was lawful because it was incident to the arrest of the passenger. |
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| To subject a decision of the court or tribunal below to too narrow a textual analysis is a besetting sin for the appellate court. |
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| Recently, President Bush renominated twelve men and women whom he had previously nominated for federal appellate court judgeships. |
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| An appellate court ordered them freed after nearly four years in prison, ending a sensationally lurid trial about alleged murder. |
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| He was nominated, of course, to be on the appellate court here in the District of Columbia, the federal court of appeals. |
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| Governor Pataki has filed an appeal, and an appellate court will review the CFE case in October. |
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| It may be, of course, that the person seeking the intervention of the appellate court will be acquitted. |
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| The Ohio intermediate appellate court ordered a new trial on the issue of damages. |
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| It is highly usual for an appellate court to get involved in a lawsuit before there is a final judgment in a trial. |
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| That question has not been determined by any ultimate appellate court in any common law country. |
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| Of the roughly 28,000 appellate court decisions made each year, only 80 to 90 are reviewed by the Supreme Court. |
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| Equal employment opportunity rules will likely come up again before the Commission, since an appellate court recently struck them down. |
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| Many of these rulings are judgment calls that cannot be reversed by an appellate court unless the trial judge makes an egregiously bad judgment. |
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| The appellate court, though it reversed the defendant's trial court victory, agreed that such an argument could be pursued. |
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| Not having seen the witnesses, the appellate court cannot easily form a view about their general credibility. |
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| The appellate court affirmed 51 acquittals and 19 findings of medical negligence by defendant physicians. |
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| A state appellate court ruled that federal law pre-empted the state claims. |
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| It seems to us, with respect, that it completely misconceives the role of the appellate court. |
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| An Ohio appellate court last week reversed a lower court ruling that the city's pernicious treatment of marijuana users was unconstitutional under state law. |
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| That is so, in the same way that if after a verdict of guilty an appellate court concludes that the conviction is unsafe and unsatisfactory it quashes the jury's verdict. |
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| There the appellate court has as much of an opportunity as the trial judge to assess the character of the appellant. |
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| The Supreme Court of Canada is the general appellate court of last resort for all of Canada in all areas of law, including constitutional law. |
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| I think it's both dangerous and a fool's errand to try to predict how an appellate court is going to come out simply on the basis of oral argument. |
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| The appellate court agreed with the trial judge that an 'established pattern of domestic violence' had not been made out. |
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| It is not for an appellate court to revisit evidentiary findings of the trial judge absent an error in law as to how such evidence is to be considered. |
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| The judge said no, and her ruling was affirmed by a decision from a First Circuit appellate court. |
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| Just last week, a California appellate court turned aside the appeal of Luster's conviction, saying he had forfeited his right to appeal by jumping bail. |
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| He appealed to the court and he was released on bail on 18 March 2004, pending consideration of the case by the appellate court. |
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| She has said he received an unfair trial in the Abner Louima brutality case, and yesterday, an appellate court agreed. |
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| Nencini decided that the appellate court that set Knox free erred in evidentiary and legal matters. |
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| Therefore, a trial judge's determination of the period of reasonable notice is entitled to deference from an appellate court. |
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| The first appellate court to address the issue of Métis rights in a substantive way was the Ontario Court of Appeal. |
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| These Supreme Court rulings have resulted in further proceedings at the Federal trial and appellate court levels. |
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| There are several reasons why it is necessary for an appellate court to ensure that the lawyer whose conduct is challenged has an opportunity to explain himself. |
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| They had all lodged appeals against the ruling, which the competent authorities were examining before referring them to an appellate court. |
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| But this appellate court did not retest the Kercher sample because there is nothing left to test. |
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| In some situations, a case of first impression may exist in a jurisdiction until a reported appellate court decision is rendered. |
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| However, unlike an appellate court, the Minister need not bifurcate his decision making process by first determining whether evidence is admissible in a court of law and then determining the result. |
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| While the appellate court was not prepared to preclude the possibility that obviousnesstype double patenting could be applied in circumstances involving multiple inventors, the court had difficulty envisioning such a case. |
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| Logic alone will not readily or infallibly derive the rules necessary for a second appeal, e.g. from a trial court through an intermediate court of appeal to a final appellate court. |
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| In some parts of the country trial courts feel bound by appellate court rulings confining time-limited orders to a narrow range of exceptional cases, primarily short marriages without children. |
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| The appellate court rejected both arguments. |
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| Last year, an appellate court largely agreed. |
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| The appellate court reversed that decision. |
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| The appellate court affirmed that interpretation. |
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| It is for the accused person himself or his attorney to bring the evidence in question to the attention of the trial or appellate court concerned. |
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| We recognize that some provincial appellate court jurisprudence may at this point create barriers to the use of the formula's time-limits by trial judges. |
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| However, the appellate court did accept that from the mother's perspective cohabitation with the father had become physically and psychologically intolerable. |
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| In allowing the employer's appeal, the Court of Appeal noted that no Canadian appellate court has ever recognized such a tort in the context of the employer-employee relationship. |
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| The appellate court added that the author's mother did not own the property at the time of her death and thus, the author could not become an owner through inheritance. |
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| Without it, foreign judgments might in some countries be reviewed by the court addressed as if it were an appellate court hearing an appeal from the court of origin. |
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| In January of this year, New York's intermediate appellate court in Brooklyn decided Empire Erectors and Electrical Company, Inc. |
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| The Senior Courts of England and Wales is the highest court of first instance as well as an appellate court. |
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| The inferior courts are bound to obey precedent established by the appellate court for their jurisdiction, and all supreme court precedent. |
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| An Intermediate state appellate court is generally bound to follow the decisions of the highest court of that state. |
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| For example, an appellate court for one district could consider a ruling issued by an appeals court in another district. |
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| On appeal, the appellate court may either adopt the new reasoning, or reverse on the basis of precedent. |
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| During this time, the Shogunate established hikitsuke, a high appellate court to aid the state in adjudicating lawsuits. |
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| The appellate process usually begins when an appellate court grants a party's petition for review or petition for certiorari. |
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| A jurisdiction's supreme court is that jurisdiction's highest appellate court. |
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| The Court of Appeal of New Zealand, located in Wellington, is New Zealand's principal intermediate appellate court. |
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| However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. |
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| Spanish royal authority on these territories was consolidated by the creation of an Audiencia Real, a type of appellate court. |
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| The Council of Justice in Batavia was the appellate court for all the other VOC Company posts in the VOC empire. |
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| Each province in Canada has an official reporter series that publishes superior court and appellate court decisions of the respective province. |
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| State appellate court judges are elected to terms of six years, but vacancies are filled by an appointment by the governor. |
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| The appellate court then makes the decision about what errors were made when the law was looked at more closely in the lower court. |
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| Both the prosecution and the defense may request the judge to act and may appeal the judge's decisions before an appellate court. |
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| The Supreme Court, both as an appellate court and the High Court of Justice, is normally constituted of a panel of three Justices. |
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| Ginsburg, in her dissent, wrote that the appellate court had acted correctly in evaluating the award for abuse of discretion. |
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| Ten years ago, we examined appellate court trends in permanent alimony in gray area marriages. |
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| One appellate court has gone so far as to explicitly determine that an elective abortion is not a serious medical need. |
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| That same month, an appellate court overturned a lower court ruling that would have forced Joseph Hosey, a Patch. |
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| The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. |
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| Whereas findings of fact in a common law legal system are rarely overturned by an appellate court, conclusions of law are more readily reconsidered. |
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| The judicial branch is headed by the Chief Justice of the Puerto Rico Supreme Court, which is the only appellate court required by the Constitution. |
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| For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. |
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| Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. |
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| In some areas the appellate court has limited powers of review. |
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| Most trial courts are courts of record, where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court. |
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| In criminal cases the highest appellate court is the Court of Justiciary and so the common law related to criminal law in Scotland has been largely developed only in Scotland. |
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| This exception relates to the appealability of the case. Often the very first issue before the appellate court is whether the court should hear the appeal. |
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| The High Court of Justice functions both as a civil court of first instance and a criminal and civil appellate court for cases from the subordinate courts. |
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| Court of Appeals for the Sixth Circuit, the appellate court agreed that Ohio courts had no jurisdiction in the case, even though the defendant did business in the state. |
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| Before a motion for appellate attorneys' fees will even be considered by a Florida appellate court, let alone granted, it must comply with the procedural requirements of Fla. |
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| Court of Appeals for the Third Circuit became the second federal appellate court to rule that the recess appointments to the NLRB were unconstitutional. |
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| It is generally an appellate court that operates under discretionary review, which means that the Court can choose which cases to hear, by granting writs of certiorari. |
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| There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. |
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