The accused appealed on the ground, inter alia, that the trial court erred in refusing the application. |
|
That same person goes free if proceedings are stayed, or when a trial court acquits or when, as in this case, a conviction is quashed on appeal. |
|
However, a superior court should generally defer the exercise of its jurisdiction to the trial court unless there are special circumstances. |
|
The Swiss trial court charged the applicant with the bulk of the court costs of the action and part of the costs of the private prosecutors. |
|
The California trial court, however, rejected the defense motion to suppress his incriminating statements. |
|
The trial court was directed to hold an enquiry and then to determine the amount of mesne profits which was payable. |
|
The state took him to court for drunk driving, but the trial court threw out the charges. |
|
The court of appeal may dismiss the appeal, quash the judgment, or request a retrial by a trial court. |
|
The United States Court of Appeals held that the trial court, by excluding psychological testimony, had erred. |
|
Well, it is not for an appeal court or a trial court just to ignore a statute of the Commonwealth of Australia. |
|
In other words, the amount of child support determined by the 1997 order would remain in effect until further orders of the trial court. |
|
The trial court and the U.S. Court of Appeals for the Eleventh Circuit both agreed with the school board. |
|
All they can achieve, they assume, is the preservation of a clean trial record for appeal, and the reversal of the trial court ruling. |
|
There, as in many states, a defendant has to post a bond in order to appeal a trial court judgement. |
|
The trial court, the Court of Appeals, four other justices of the Supreme Court, and many commentators disagreed. |
|
The school argued it should be immune from such negligence lawsuits, and a trial court had agreed. |
|
And, to the surprise of many First Amendment advocates, he prevailed in both the trial court and the court of appeals. |
|
The breathalyzer readings resulted in the appellant's conviction before the trial court. |
|
The appellate court, though it reversed the defendant's trial court victory, agreed that such an argument could be pursued. |
|
In such cases, trial court judgments may be reviewed by appellate tribunals, with the Supreme Court having final judgment. |
|
|
This makes sense, as these appeals represent the losing litigant's opportunity to assert trial court error. |
|
Like the trial court, we, too, find the case of California Medical, supra, 79 Cal.App.4th 542 applicable and dispositive to the issue raised on appeal. |
|
The trial court may impose an additional penalty if it is provided for in the bill of indictment. |
|
On September 27, 1996, the trial court promulgated a Decision in favor of the private respondent and against the petitioners, the decretal portion of which reads as follows. |
|
The trial court observed that Wilder also plagiarized others work and created false documents in this case. |
|
The impact of publicity is primarily a question of fact, and was considered by the trial court and the appeals court. |
|
We look forward to proving their innocence and to their complete vindication before a trial court. |
|
The above shows that the trial court has acted in a biased and unprofessional way in this case. |
|
Mr. Speaker, we are very disappointed at the verdict of the trial court in this case. |
|
In December 2009, a trial court in Germany also decided that the German part of the Jump patents was invalid. |
|
It remained also unclear whether these allegations had been drawn to the attention of the trial court. |
|
The Nunavut Act passed in 1993 had adopted the two-level trial court system that was operating in the existing Northwest Territories. |
|
Second, it is a decision of a lower, trial court and does not bind other courts, even in Manitoba. |
|
I understand that Mrs Suda is appealing the decision of the trial court, and the EC will follow the case very closely. |
|
This point was simply not before the trial court or the Court of Appeal. |
|
On appeal, it is submitted that the trial court erred on each issue. |
|
There will be three Cambodians in the five-member trial court. |
|
Those cases, stand for the proposition that a trial court does not lose jurisdiction of the matter until a valid sentence has been put into execution. |
|
Even if a trial court can show the ineffectiveness of alternatives to a prior restraint, the court must show that a prior restraint would be effective to protect the right to fair trial. |
|
This Court cannot become a trial court for migration matters. |
|
|
He was sent to jail on a life term by the High Court in 1992 a decade after the trial court convicted him for murdering a person over a property dispute. |
|
My recollection is that the trial court did. |
|
Such circumstances were absent in the present case therefore the trial court and the Court of Appeal had erred in disregarding the decision of the Bucharest Court of Appeal and in allowing fresh evidence to be adduced. |
|
It also takes note of the State party's allegations that all the evidence, including the video-recording of the minor, was thoroughly analysed by the trial court, which dismissed it on well-reasoned grounds. |
|
The real reasons that a decision must contain represents the elements of the judicial syllogism, the pre-requisites that lead to the conviction of the trial court and the approval of the solution. |
|
The military judge who has presided at recent cases and is scheduled to preside Saturday would do credit to any federal trial court in the country. |
|
With regard to the formal justice system, the general structure and approach consisting of a trial court and an appeals court was sound, but the recommendations had not adequately addressed some questions of jurisdiction. |
|
Hins argued that the trial court erred when it denied her motion for a supersedeas bond. |
|
The trial court had territorial jurisdiction to try the author. |
|
The trial court judge held that a parent should not be given the benefit of the discretion in circumstances where he or she could not be said to come to the Court with clean hands. |
|
The decision handed down today overturns the decision of the Prince Edward Island Court of Appeal and reinstates that of Mr. Justice DesRoches of the trial court. |
|
Dismissal decisions handed down by that body could be challenged before the Supreme Court, which deliberated on complaints from judges as a trial court. |
|
When the government receives an adverse ruling in the trial court, the solicitor general determines whether the government will appeal that ruling. |
|
Did the trial court admit those into evidence? |
|
Here is what he wrote:In their declarations in the trial court, respondents stated that the prayers gave them offense and made them feel excluded and disrespected. |
|
The judgment was reversed on appeal and returned to the trial court. |
|
Utilizing the findings from prior proceedings, such as the trial court did in Fohn, likely promotes judicial and litigation economies as well. |
|
In that case, which also involved a deaf man who did not have a recognized language, no satisfactory resolution of the situation could be reached and the charges were stayed by the trial court judge. |
|
In addition, trial court judges should give general instructions as to the weighing of witness testimony to prevent the jury from overvaluing evidence given by a protected witness. |
|
The trial court must consider the totality of the circumstances when determining whether there was procedural unconscionability. |
|
|
Did the trial court examine those documents? |
|
Subsequently, the trial court granted the hospital's motion to implead Liberty as a third party defendant. |
|
Each fiefdom had its own director who was chosen and supervised by the local chief judge of the trial court. |
|
It sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. |
|
Adkins appealed to the 11th Circuit Court of Appeals in Atlanta, asserting the trial court improperly recognized the peer review privilege. |
|
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. |
|
A trial court of limited jurisdiction is authorized to hear only specified types of cases. |
|
The record of the trial court is certified by the clerk of the trial court and transmitted to the appellate body. |
|
Therefore, only a small proportion of trial court decisions result in appeals. |
|
The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. |
|
Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. |
|
Accordingly, the court granted TWIA's petition for a writ of mandamus and directed the trial court to grant TWIA's motion to compel appraisal. |
|
On June 15, 2005, the trial court granted the motion and granted the plaintiff leave to replead. |
|
Or maybe where the Court of Appeal has to lend a judge temporarily to the trial court for some specific purpose, thus leaving the Court of Appeal short-handed? |
|
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. |
|
The trial court gave the decision on presumptions and conjectures which have no value in the eyes of the law. |
|
Iftikhar Gilani appeared in the court on behalf of the petitioner, Aftab Sherpao and expressed mistrust over trial court. |
|
Paciga appealed and won in the trial court, which ordered reassessment at the value assessed prior to the platting and subdividing. |
|
The trial court granted the defendants' motion for a directed verdict. |
|
After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. |
|
|
The court held, inter alia, that the trial court providently exercised its discretion in precluding the plaintiffs from calling an expert radiologist to testify. |
|
This process would then involve sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. |
|
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. |
|
It is the job of the appellate courts to carefully review the trial court proceedings and correct errors that prevent parties from getting a fair trial. |
|
The hospital appealed the final judgment and attempted to post a supersedeas bond in the trial court in attempt to obtain an automatic stay from the execution of the judgment. |
|
The trial court prosecutor in Tunis ordered a judicial inquiry into the Panama Papers and Tunisian political figures suspected of hiring the firm. |
|
The finality of trial court findings of fact in legal systems based on the English tradition has major impact on court procedure in these systems. |
|
A trial court of general jurisdiction is authorized to hear some type of civil or criminal case that is not committed exclusively to another court. |
|
The examining judge does not sit on the trial court which tries the case and is in fact prohibited from sitting for future cases involving the same defendant. |
|
Since 1972, Decisions of the Louisiana Supreme Court and Louisiana Court of Appeal are available in paper and via the Internet, while trial court decisions are not published. |
|
According to the Court of Appeals of Georgia, a trial court may place varying degrees of weight on contradictory expert appraiser testimony, as long as it does not ignore it. |
|