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5 Dec 2017, 9:52 am
” The judge cited a 2011 decision from the Second District Court of Appeal, which sits in Lakeland. [read post]
24 Mar 2011, 7:33 pm
The Court of Appeal, Second District, Division One, held in a published decision, Ennabe v. [read post]
12 Apr 2021, 4:08 am
As I reported on Saturday, Waco-based Judge Alan Albright of the United States District Court for the Western District of Texas denied an Intel motion to transfer or postpone the second VLSI v. [read post]
3 Jul 2024, 10:28 am
Court of Appeals for the Second Circuit from 2011 to 2012, and for Judge Jed S. [read post]
28 May 2009, 6:17 am
§§ 841(a)(1) and 846.HELD: District court did not violate defendant’s due process rights, and therefore, abuse its discretion, by denying him a second competency hearing. [read post]
26 Jul 2016, 7:47 am
Citing the Second, Third, Sixth, Seventh and Ninth Circuit Courts of Appeal, the court determined that the standard of review for such motions is abuse of discretion. [read post]
30 Oct 2017, 1:54 pm
"Effective Monday October 30, 2017: Mandatory electronic filing through TrueFiling begins for the Second District"So now all six Districts are using TrueFiling, as well as the Supremes (for pre-grant filings only right now).Today's DJ's Moskovitz on Appeals column is titled What do lawyers actually do? [read post]
7 May 2020, 5:09 pm
”An attorney for the Commission on Judicial Performance on Thursday pressed the 11-member disciplinary panel to remove Jeffrey Johnson from the Second District Court of Appeal, arguing that the associate justice has not shown genuine remorse and remains a threat to women in the courthouse and the public.Thursday’s hearing marked the final public airing of the charges against Johnson before the commission decides, what, if any, discipline to… [read post]
1 Feb 2007, 2:11 am
The District Court held that the section was content-neutral and left open to the resident ample alternative channels of communication and therefore did not violate the First or the Fourteenth Amendments.On appeal, the Second Circuit reversed, finding the section to be an unlawful prior restraint, which acted to freeze the speech of the residents of the Historical District who wish to use signs to convey messages, at least for the time it takes them to… [read post]
15 Sep 2017, 10:00 pm
Miller, the Second District Court of Appeals was asked by the Plaintiff to take “judicial notice,” and therefore accept factual information found on U.S. [read post]
6 Sep 2016, 2:46 pm
The district court granted the motion, holding that the class action waiver in the agreement was enforceable. [read post]
23 May 2014, 10:05 am
Both the Second and Third Districts saw lower reversal rates in 2013 — 60 percent for the Second, 50 percent for the Third, but in both cases, the courts were reverting to form. [read post]
28 Jun 2017, 3:22 pm
On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for Biological Diversity filed a letter asking the Supreme Court to depublish the First District’s (Division 1) recent opinion in Sierra Club v. [read post]
27 Aug 2009, 10:16 am
Circuit Court of Appeals to enunciate a new set of Fourth Amendment protections for the digital age. [read post]
22 Nov 2023, 3:08 pm
Earlier this year a US District Court Judge for the District of Oregon ruled that BM 114 was constitutional. [read post]
3 May 2013, 8:56 am
An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. [read post]
4 Apr 2016, 9:59 am
On March 6, 2014, the district court entered a final judgment in favor of Apple, and Samsung filed a notice of appeal. [read post]
20 Aug 2017, 11:46 am
The court of appeals rejected the challenge and upheld the court’s instruction. [read post]
Argument preview: What can a federal habeas petitioner argue when defending a judgment in his favor?
14 Oct 2014, 11:19 am
Second, while noting that “circuit courts of appeal are split,” the panel ruled that a federal habeas defendant, even when acting as appellee, must seek a COA from the district court if he wants to present any “grounds for relief not adopted by the district court. [read post]
28 Nov 2011, 1:04 pm
Second, the district attorney must prove that the defendant fought, threatened or engaged in tumultuous or violent conduct. [read post]
