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3 Oct 2022, 10:51 am
The Fast-Track (Ex Parte) Appeals Pilot Program The Fast-Track Appeals Pilot Program has been extended through July 2, 2024. [read post]
12 Aug 2016, 8:25 am
Across the span of a century, the Supreme Court has held both that the trial of a noncombatant U.S. citizen by military commission is unconstitutional when civilian courts are still available and operational (in Ex parte Milligan), and that the trial by military commission of a U.S. citizen who is also an unlawful enemy combatant is constitutional (in Ex parte Quirin). [read post]
30 Aug 2022, 1:41 pm
While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different. [read post]
22 Jan 2013, 5:45 am
He added that he expects the case to be reviewed by the State Commission on Judicial Conduct for possible ethical violations that could require disciplinary action against the elected judge.Regrettably, this only came to light after the communications were discovered by an outsider - the prosecutors receiving these ex parte messages didn't report the judge on their own. [read post]
17 Jun 2014, 12:02 pm
CARNICELLA, Appellee. 5th District.Judges -- Disqualification -- Ex parte conference -- Fact that judge conducted ex parte conference constitutes legally sufficient basis for disqualification -- Petition for writ of prohibition grantedRACHEL BERRY, Petitioner, v. [read post]
6 Mar 2020, 9:40 am
In a 1918 case, State ex rel. [read post]
21 Apr 2018, 12:41 pm
Here, Class’ statutory right directly to appeal his conviction “cannot in any way be characterized as part of the trial. [read post]
31 Oct 2016, 10:53 am
For example, in 1985 the court decided Ex parte Miller in which it held that a trial judge who, as a prosecutor, had previously signed “the application for jury waiver, the waiver of indictment and charge by information, the plea bargaining agreement, the agreed motion to modify probation, and the first motion to adjudicate guilt” had engaged in “actual and active participation” in Miller’s conviction” warranting disqualification. [read post]
28 Feb 2018, 8:09 am
Ex Parte Seizures Finally, and perhaps most importantly, courts have limited the applicability of the DTSA seizure mechanism. [read post]
14 Jan 2021, 11:46 am
New Ex Parte Procedures: Section 5 adds two new ex parte cancellation procedures to the Lanham Act: ex parte expungement and ex parte reexamination. [read post]
14 Jan 2021, 11:46 am
New Ex Parte Procedures: Section 5 adds two new ex parte cancellation procedures to the Lanham Act: ex parte expungement and ex parte reexamination. [read post]
14 Jan 2021, 11:46 am
New Ex Parte Procedures: Section 5 adds two new ex parte cancellation procedures to the Lanham Act: ex parte expungement and ex parte reexamination. [read post]
29 Mar 2023, 8:28 am
Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] [read post]
25 Apr 2019, 6:03 pm
Stated differently, can a consumer give valid consent? [read post]
18 Jul 2012, 6:49 am
The Papal States were a group of territories located in the central part of the Italian peninsula which were under the jurisdiction of the Pope between 754 and 1870 . [read post]
22 Oct 2019, 8:37 pm
Just as importantly, judges should not have ex parte meetings with probation officers before the sentencing (or accept ex parte "blue sheets" with probation recommendations as to sentence). [read post]
16 May 2010, 8:39 am
Accordingly, Defendants' Ex Parte Application for a Continuance of Trial, Discovery Cut-Off and Time to Designate Expert Witnesses should also be denied in its entirety. [read post]
7 Oct 2008, 10:04 am
State, ex rel., Wyoming Workers' Safety & Comp. [read post]
23 Dec 2016, 5:43 am
Of the unique statutory provisions in the DTSA, the ones likely to garner the most attention are its express rejection of the inevitable disclosure theory of misappropriation (still a viable theory in some states), the provision enabling ex parte seizures of items (such as laptops) used to commit trade secrets theft, and a clause protecting whistleblowers. [read post]
14 Jan 2013, 4:30 am
This argument makes perfect sense for ex parte patent reexamination, but perhaps less so for inter partes patent reexamination proceedings. [read post]