Search for: "Rules v. Appellate Procedure"
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21 Apr 2010, 1:30 pm
Here is the abstract:By leaving the meaning of a statute — or procedural rule — undecided, ambiguous appellate decisions create space for lower courts to adopt a blend of conflicting approaches — yielding an average result that trims between competing preferences. [read post]
4 Jan 2016, 8:05 am
Appellate procedure — Interlocutory appeal — Final judgment rule The present appeal emanates from ongoing and protracted litigation that began in 2004, when Appellee, Steve Steinberg, represented Appellant, Charles S. [read post]
21 May 2016, 7:21 pm
Criminal procedure — Double jeopardy — Failure to prosecute all crimes in one trial James Carter Tilley, Jr., appellant, appeals from the ruling of the Circuit Court for Charles County denying his motion to dismiss the indictment against him. [read post]
1 Feb 2021, 11:28 am
Criminal procedure — Right to counsel — Rule 4-215 Andre Walter Williams (“Appellant”) was arrested for and charged with armed robbery, second-degree burglary, false imprisonment, kidnapping, and six related offenses. [read post]
21 Jul 2015, 6:34 pm
Criminal procedure — Motion to suppress — Community caretaking search Brooke Joseph, appellant, entered a conditional plea of guilty pursuant to Maryland Rule 4-242 in the Circuit Court for Wicomico County to the possession of heroin. [read post]
18 Jun 2019, 6:49 am
Criminal procedure — Discharge of attorney — Rule 4-215 compliance Appellant, Gregory Sterling, was charged with attempted first-degree murder, attempted second-degree murder, first-degree assault, second-degree assault, and openly wearing and carrying a dangerous weapon with the intent to injure. [read post]
21 Apr 2021, 6:32 am
In its latest ruling, the circuit court acknowledged that Ms. [read post]
25 Apr 2021, 1:42 pm
The essential purpose of the rule was to enforce the strict duty Texas prosecutors have under Article 2.01 of the Code of Criminal Procedure “not to convict, but to see that justice is done. [read post]
10 Feb 2015, 1:10 pm
Each of these briefs is considerably in excess of the new word limits now under consideration for the Federal Rules of Appellate Procedure. [read post]
1 Oct 2019, 6:40 am
Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. [read post]
17 Jan 2014, 4:14 am
Here is the opinion in People v. [read post]
7 Jan 2022, 5:01 am
[DUI, appellate procedure, rap battles, and Edmund Burke, together in one post.] [read post]
4 Apr 2017, 11:29 am
” Both are governed by the Florida Rules of Civil Procedure as well as local rules, state statutes, and court precedent. [read post]
8 Feb 2011, 4:05 am
Where the statute provides alternate appeal procedures, the election of one such procedure serves to preclude seeking redress pursuant to the otherMatter of Uddin v NYC/Human Resources Admin., 2011 NY Slip Op 00695, Appellate Division, Second Department§76 of the Civil Service Law provides that an aggrieved employee may appeal a §75 administrative disciplinary determination by either:1. [read post]
19 Feb 2019, 8:00 am
Batson v. [read post]
3 Apr 2017, 8:00 am
Williams, et al. v. [read post]
9 Mar 2009, 11:42 am
The controlling rule is broadly stated in Florida Rule of Appellate Procedure 9.110(a)(2) as follows: (a) Applicability. [read post]
6 Mar 2020, 1:10 pm
Real property — Foreclosure — Timetable for challenge This case presents a multifaceted procedural challenge to the foreclosure of a residence formerly owned by Appellant John Liccione. [read post]
24 Mar 2008, 1:38 pm
California Appellate Report reports thusly:The parties briefed ... argued it in Seattle before a three-judge panel... almost a year later... before issuing a ruling, the panel asked the parties to brief whether the case should be decided en banc. [read post]
29 Sep 2010, 12:55 pm
The procedural issue that the Third Circuit addressed was Martinez’s untimely filing of his notice of appeal.The Court ruled that the time limitation in Federal Rule of Appellate 4(b), while a "rigid" deadline, is a claim-processing rule subject to forfeiture, and not jurisdictional. [read post]
