Search for: "Somerville, Appeal of"
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28 Mar 2011, 7:24 am
On the other hand, if the plaintiff applied for counsel fees promptly and the court promptly made an award, the defendant would have a more informed basis to decide whether an appeal is economically worth pursuing, given the size of the fee award as compared with the anticipated costs of an appeal. [read post]
28 Feb 2011, 8:06 am
How the state comptroller could deny Anthony Graves' compensation, seemingly on a technicality, for the 18 years he spent wrongly imprisoned has outraged some and baffled nearly everybody.After all, Texas' compensation law seems tailor-made for a guy like Graves, who was finally freed after nearly two decades behind bars including 12 years on death row, when it became clear he was innocent in the savage Somerville murders of a grandmother and five children.A federal… [read post]
15 Feb 2011, 9:19 am
In addition, for all motions “decided by a written order that [are] appealable as of right,” the court must “by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon. [read post]
9 Feb 2011, 1:16 pm
RPC 1.9(a) sets forth the benchmark for decision-making in this appeal. [read post]
5 Feb 2011, 11:09 am
With regard to New Jersey’s expungement statute, the United States Court of Appeals for the Third Circuit has noted that “because expungement is available only after a minimum statutory period of ten years has elapsed, and because references to a defendant’s criminal conduct may persist in public news sources after expungement, the information expunged is never truly `private. [read post]
30 Jan 2011, 5:43 am
Findings of fact made by trial judge “are considered binding on appeal when supported by adequate, substantial and credible evidence. [read post]
12 Jan 2011, 12:36 pm
“In many cases, the issue will be resolvable on the appeal record alone. [read post]
28 Dec 2010, 5:35 pm
Drug convictions overturned against 2 Somerville brothers, Boston Herald, December 28, 2010 Melendez-Diaz v. [read post]
19 Nov 2010, 12:20 pm
It took 18 years, but an injustice had finally been overturned.Anthony was 26 when he was arrested for the Somerville murder of Bobbie Davis, her daughter and four grandchildren. [read post]
15 Nov 2010, 1:18 pm
Where the trial court makes a discretionary ruling, that decision will not be reversed on appeal absent a showing of an abuse of discretion. [read post]
2 Nov 2010, 12:00 pm
Anthony then appealed to the United States Court of Appeals for the 5th Circuit. [read post]
2 Nov 2010, 10:33 am
., A-6401-08T2, November 1, 2010: Appellate review must be limited to consideration of the order identified in appellant’s notice of appeal. [read post]
28 Oct 2010, 7:21 am
Circuit Court of Appeals overturned Graves’ conviction in 2006. [read post]
27 Oct 2010, 7:55 pm
Circuit Court of Appeals in New Orleans overturned Graves' conviction in 2006, ruling that prosecutors withheld evidence and elicited false testimony. [read post]
14 Oct 2010, 12:56 pm
Where the trial court makes a discretionary ruling, that decision will not be reversed on appeal absent a showing of an abuse of discretion. [read post]
4 Oct 2010, 12:19 pm
On appeal from a trial court’s decision vacating an arbitration award, our review is de novo, that is, “‘[a] trial court’s interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference. [read post]
7 Sep 2010, 9:24 am
– Opinion, United States Court of Appeals for the District of Columbia Circuit, August 27, 2010 Preparing for the intermediate reduction in HCFC production in 2010 (the “2010 stepdown”), the EPA initiated a new rulemaking in late 2008. [read post]
1 Sep 2010, 9:30 am
., A-4759-08T2, August 31, 2010: Rule 2:6-1(a) provides that on appeal from a summary judgment motion, the appendix shall include “all items submitted to the court on the summary judgment motion. [read post]
1 Sep 2010, 8:58 am
., providing a calculation that is objective and capable of being reviewed on appeal. [read post]
31 Aug 2010, 6:55 am
On appeal, the court reversed the trial court’s decision in Amatuzzo and remanded the case for an evidentiary hearing. [read post]
