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3 Nov 2011, 7:34 am by A. Benjamin Spencer
Although appeals transfer jurisdiction from the district court to the appellate court concerning “those aspects of the case involved in the appeal,” id. at 58, the district court is nonetheless free to adjudicate matters that are not involved in that appeal, see Alice L. v. [read post]
3 Nov 2011, 7:33 am by A. Benjamin Spencer
Although appeals transfer jurisdiction from the district court to the appellate court concerning “those aspects of the case involved in the appeal,” id. at 58, the district court is nonetheless free to adjudicate matters that are not involved in that appeal, see Alice L. v. [read post]
1 Nov 2011, 3:12 pm by James R. Marsh
It appeared in the National Center for Prosecution of Child Abuse Update earlier this year, before our appeal to the United States Supreme Court. [read post]
1 Nov 2011, 8:48 am by John Elwood
Bell, a habeas petitioner must obtain a certificate of appealability to appeal district court orders denying discovery and DNA testing; (2) whether the Eighth Circuit’s practice of issuing summary denials of certificates of appealability violates 28 U.S.C. [read post]
31 Oct 2011, 3:15 am by Steve Lombardi
The defendant died during the pendency of the case, however, and the district court declined to instruct the jury on punitive damages against his estate. [read post]
28 Oct 2011, 9:39 am by Susan Brenner
District Court for the Northern District of Ohio 2011) (“U.S. v. [read post]
26 Oct 2011, 8:18 am by McNabb Associates, P.C.
Viktor Bout Dobroyeutro’s Blog on October 26, 2011 released the following: “Translated by Natasha Tenerezza EDITED by skypotrol.net The 5th State Duma of the Federal Assembly of the Russian Federation Deputy of the State Duma (2008-2011) 7th of October, 2011 To the Presiding Judge of The Southern District of the Federal Court of New York Shira Scheindlin USA, District Judge Southern District of New York, United States Courthouse, 500 Pearl… [read post]
24 Oct 2011, 8:46 am
The 5th Circuit Court of Appeals agreed with the 5th Circuit District Court Judge Carl Barbier and ruled in favor of Quicken Loan. [read post]
20 Oct 2011, 6:18 pm by John Elwood
Texas, 10-10838, a capital case in which the Texas Court of Criminal Appeals issued a forty-page unpublished opinion affirming the trial court’s judgment on direct appeal. [read post]
20 Oct 2011, 7:00 am by Jon Robinson
  The United States Court of Appeals for the Fifth Circuit dispatched this argument by citing Neal v. [read post]
19 Oct 2011, 9:58 pm by Daniel K. Martin, Esq.
Fresno happens to be the home of the 5th District Court of Appeal. [read post]
18 Oct 2011, 7:00 am by ERIC J DIRGA PA
CMI Petitioned the Second District Court of Appeal to review the denial of this motion. [read post]
18 Oct 2011, 4:31 am
Tawil, an opinion released Friday by the Fifth District Court of Appeal, the Court affirmed, per curiam, on all issues raised as to this modification of timesharing. [read post]
17 Oct 2011, 1:17 pm by admin
Court of Appeals for the 5th Circuit vacated Skilling’s sentence on the grounds that the district court misapplied the federal sentencing guidelines. [read post]
16 Oct 2011, 6:42 pm by Law Lady
Appeals -- Preservation of issue -- Appeal alleging that circuit court had no procedural basis to enter final order -- Where nothing in plaintiff's appendix suggests he raised his procedural argument to the circuit court, and plaintiff has not provided a transcript of the hearing which led to the final order, the appellate court is forced to conclude that the plaintiff has not preserved his procedural argument -- Based on circuit… [read post]
14 Oct 2011, 6:49 am by ERIC J DIRGA PA
This is the 5th District Court of Appeal’s view on this issue; Vagueness A trial court’s decision regarding the constitutionality of a statute is reviewed de novo as it presents a pure question of law. [read post]