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"trial court" Definitions
  1. the court before which issues of fact and law are first determined as distinguished from an appellate court

489 Sentences With "trial court"

How to use trial court in a sentence? Find typical usage patterns (collocations)/phrases/context for "trial court" and check conjugation/comparative form for "trial court". Mastering all the usages of "trial court" from sentence examples published by news publications.

Hogan, back for stricter review at the trial court level.
The trial court refused to relieve English of his duties.
The Supreme Court returned the case to the trial court.
The case will now move forward in the trial court.
Whether the case will advance beyond the trial court remains unclear.
Both the trial court and appeals court agreed with the state.
McKeever lost his request at the trial-court level in Washington.
A trial court judge and an appeals court, however, rejected that argument.
The trial court had heard many of these arguments and rejected them.
When a trial court upheld this unprecedented land grab in Markle v.
The justices examined whether that required a hearing in a trial court.
The death sentence came from the trial court, which overrode the jury's verdict.
The Colorado federal trial court hearing the case agreed with the state officials.
Ungaro's ruling Wednesday closes the case against BuzzFeed at the trial-court level.
We look forward to defending our trial court victory in the Supreme Court.
Justice Samuel A. Alito Jr., writing for the majority, said the trial court had "committed a fundamental legal error" by requiring state officials to justify their use of voting maps that had been largely drawn by the trial court itself.
A federal appellate court upheld a trial court ruling temporarily blocking Trump's travel ban.
Bruce was found guilty of obscenity by Criminal Trial Court of New York City.
The trial court considered the earlier texts, but ultimately decided not to allow them.
Both couples received the birth certificates they wanted when they won in trial court.
But at a hearing in February, a trial court judge dismissed the defense's challenges.
He installed Judge Andrew Brasher on Alabama's federal trial court only eight months ago.
The trial court even allowed him to remain free while he awaited his sentencing.
After the trial court judge refused to reduce the verdict, Gawker immediately declared bankruptcy.
Prosecutors decided to drop the conspiracy charge for Warren's second trial, court documents show.
That lawsuit was dismissed by a federal trial court but is currently on appeal.
A trial court in Maryland is expected to rule on a separate case soon.
He must show that there is no chance the trial court made the right call.
Judges sent Johnson's case back to the trial court to allow for new DNA evidence.
The Noel case now goes back to the trial court for reconsideration of class certification.
The trial court set a March 15 deadline for state lawmakers to draw new maps.
For nominees to the federal district court (the federal trial court), the results were mixed.
Did the trial court look at the appropriate evidence regarding the recognized stature of 290Pointz?
After the decision, Stevenson took Sullivan's case back to the Florida trial court for resentencing.
An appellate court agreed with the trial court, but chose to reduce Mr. Boone's sentence.
Mr. Warren is a product of elite schools and clerked for a federal trial court judge.
The temporary stay of an injunction granted by a New York state trial court on Dec.
"We have had our day in trial court, and we lost," he wrote at the time.
The two-page order sent two arguments from the defense to the trial court for resolution.
"This is not a case where the trial court ignored a defendant's constitutional rights," Hughes wrote.
What did the trial court need beyond the efficiency gap to strike down the Wisconsin plan?
It has stayed the trial court rulings, for instance, in the Wisconsin and North Carolina cases.
A regional trial court in the Makati financial district of Manila, the capital, ordered the arrest.
Mir Islam and Troy Woody leave Mandaluyong Trial Court after their court appearance on Nov. 6.
The four aides will appear before a trial court on Friday, police said in a statement.
In November, a speedy trial court sentenced two people to death for the killing the boy.
The case will be sent back to a trial court in consideration of this new evidence.
Only one member of the current Supreme Court, Justice Sonia Sotomayor, has such trial court experience.
So now it goes back to the trial court for people to say, OK, it&aposs constitutional.
Harvey pleaded not guilty to all the charges against him and is awaiting trial, court records show.
Mason, a former trial court judge, offered contrition for the "harm and pain" he caused their family.
The Trump Foundation case is being considered in the New York Supreme Court, the state's trial court.
That tossed the matter in 2015 to the trial court, which turned to Mr Grofman for guidance.
The trial court found that Latham & Watkins legitimately decided that it could no longer give this opinion.
No responsible federal prosecutor would dream of stepping into a trial court with such a weak case.
The court sent the case back to a trial court to allow the plaintiffs to try again.
The Justice Department appealed a trial court judge's decision to allow the case to proceed earlier this year.
At both the trial court and the Supreme Court, pro bono lawyers represented her family and its interests.
If the parties are unable to reach an agreement either side may seek guidance from the trial court.
The case now moves back up to the state's trial court level, where another judge will be assigned.
Since Republicans took power in 2014, the Senate has confirmed only 20003 of President Obama's trial court nominees.
A trial court sentenced him in February 2015 to six months in jail and a fine of €100.
The judge denied both requests, saying the defendant can explore witness credibility issues at trial, court documents show.
Whole Foods asserted the jurisdictional argument in a motion to dismiss, which was denied in the trial court.
In August, the trial court found that the state's legislative map had been tainted by unconstitutional racial gerrymandering.
The trial court, affirmed by a 2-to-1 ruling of a Seventh Circuit panel, held that Mrs.
The trial court merged the murder convictions and sentenced Brown to life in prison at Tennessee Prison for Women.
The trial court and Georgia Supreme Court rejected the claims, but the Supreme Court agreed to hear the challenge.
Death penalties handed down by the trial court to 11 other convicts have been commuted to life in prison.
In precedent-setting decisions, both the trial court and the 10th U.S. Circuit Court of Appeals rejected Scoville's argument.
The trial court judge, U.S. District Judge Barbara Crabb of Madison, struck the class waiver from the arbitration agreement.
The trial court in this case has set a schedule to hear the plaintiffs' request for a preliminary injunction.
"Would you try to get the military commissions, the trial court there, to try U.S. citizens?" the reporter asked.
So it came as a shock to abortion rights activists when an Oklahoma state trial court upheld the ban.
As in the Heidi Pate case, the trial court dismissed their claims because Donna was not Pack's direct patient.
"Nor do we consider whether the challenged districts involved any impermissible 'packing' of minority voters," the trial court added.
The trial court merged the murder convictions and sentenced Brown to life in prison at Tennessee Prison for Women.
It also vacated his conviction and sent the case back to the trial court for dismissal of the indictment.
Mr. Rogan was defeated by Mr. Schiff in 2000 and is now a state trial court judge in California.
Over Cuero's objection, the trial court granted the prosecution's motion to amend the criminal complaint to reflect this fact.
The song, the trial court ruled, constituted a "true threat to the victims" and warranted no First Amendment protection.
Mr. Katyal said his client was entitled to a sentencing hearing in a state trial court, for two reasons.
The case was dismissed by the trial court and just last week, the Florida Court of Appeal affirmed the dismissal.
A state trial court initially sided with them, but after the 2015 Obergefell decision, an appeals court reversed that ruling.
When the Hammonds were first sentenced, they argued that the mandatory minimum terms were unconstitutional and the trial court agreed.
But Whitehouse said in his descriptions of the holding Kavanaugh has repeatedly noted the subpoenas were from a trial court.
In Mr. Moore's case, a trial court found that he was intellectually disabled and constitutionally ineligible for the death penalty.
The court ordered the case to return to the trial court, but a retrial date has not been set yet.
To fill the vacancy left by Justice Antonin Scalia's death, President Obama is vetting several appellate and trial court judges.
Ms. Lee's claims are to be settled in a trial court; she says she has lost nearly 1 million dollars.
Now, a trial court will determine whether Judge Cunningham's reported views and behavior warrant a new trial for Mr. Halprin.
It can still get through the trial court and the likely appellate court on an expedited path by next spring.
Hill said the next step for the Domino's case will be returning to the trial court for discovery and trial.
The House has sued for McGahn to testify, winning at the trial court stage, and the Justice Department is appealing.
The 9th Circuit agreed it had jurisdiction over the appeal and revived the class claims for reconsideration by the trial court.
He lost at the trial court but won a favourable judgment from the Fourth Circuit Court of Appeals in April 2016.
A trial court found Knox guilty in 2013, rejecting his arguments that his song was speech protected under the First Amendment.
For Obama's nominees to the trial court level, the time between initial nomination to confirmation has been a median 215 days.
A trial court judge then ruled in Google's favor on both the issue of copyright and the question of fair use.
In a pre-trial court filing, Kareem's defense attorneys wrote that their client "had no knowledge" of plans for the attack.
Back in 1976, when Clinton was a young lawyer, the trial court ordered her to defend Taylor in his criminal case.
In the most recent misconduct case, a Michigan trial court concluded that the offense doesn't apply to low-level government officials.
A trial court initially froze the funds in May and an appeals court kept that freeze in place earlier this month.
She said she intended to take it to the trial-court level and request an evidentiary hearing for the new material.
The law ultimately went into effect in February 2016 after it was first blocked by a state trial court last June.
The police charged 14 people in the two deer hunting cases, but the trial court convicted only two, including Mr. Khan.
The trial court in that case had struck down a voting map for the State Assembly as an unconstitutional partisan gerrymander.
Hooters, the 11th U.S. Circuit Court of Appeals reversed a trial court decision dismissing an ADA website compliance case as moot.
"Isn't making it discretionary a huge problem in this area, because if you let one trial court judge apply it and another doesn't have to apply them, then you're opening the door to inconsistent results depending upon who is sitting on the trial court bench, something that we try to prevent from happening in capital cases," she asked.
The challenge must be filed within five days of certification in a trial court of the county where the chosen defendant resides.
The arrest warrant was issued Tuesday, February 12 by Regional Trial Court Branch 46 in Manila by Presiding Judge Rainelda Estacio-Montesa.
Although the flaming-rat case involved a perfect storm of hazardous conditions, the overseeing trial court rightfully found someone liable (the employer).
Later on Wednesday, the Milan trial court denied Eni's request for an adjournment, clearing the way for Armanna to take the stand.
In January, a trial court handed death sentences to 26 people, 16 of them Rapid Action Battalion (RAB) members, for the murders.
And because most trial court decisions are never appealed, they become the final word in significant disputes that affect millions of Americans.
A sexual-assault case against Bill Cosby moves back up to Pennsylvania's trial court level, where a trial date will be set.
Labrie appealed that decision to the state Supreme Court, which on Thursday returned the matter to the trial court for its ruling.
"Trial court proceedings shall be temporarily stayed pending disposition of the Commonwealth's motion to quash appeal," the court wrote in an order.
The case had reached the Supreme Court at an early stage, and it will continue to be litigated before the trial court.
But last month, the trial court found that it was also flawed, saying it "perpetuated the unconstitutional effects" of the earlier map.
Trump lost at the trial-court level, and the subpoenas are currently being considered by a federal appeals court in New York.
If the administration were inclined to submit additional evidence justifying the ban, the trial court would be the place to do it.
The Justice Department urged the Supreme Court to wait and see what happened after the case was remanded to the trial court.
But the Supreme Court decided very little, leaving it to the trial court to apply a slightly refined definition of racial gerrymandering.
The decision overturned previous decisions by the state's Supreme Court, the trial court in New York, and a regulatory decision by the NYDOS.
The President so far has lost all of his challenges to stop House subpoenas that have been decided at the trial court level.
The President has lost all of his challenges so far that have been decided at the trial court level to stop House subpoenas.
The trial court finding is a recommendation, and it is up to the Texas Court of Criminal Appeals to make the final ruling.
A trial court initially ruled that Schneiderman was filing his suit against Trump too late, throwing out most of the charges against him.
A trial court judge sided with Georgia's legislature, but the 11th Circuit reversed that ruling and cleared Malamud of copyright infringement in 2018.
Instead, it decided a lower court could sort that out and sent the case back to the trial court for yet more hearings.
The defense claims will go back to the trial court for fact finding, Kate Black, who is assisting Wood's legal team, told CNN.
The judgment, he argued, disregarded material findings of the trial court, which showed "compelling circumstances justifying a departure from the prescribed minimum sentence".
A trial court and an Indiana appeals court both found the seizure unlawful on the grounds that it was disproportionate to the offense.
Gross also received an extra month in prison for making an obscene gesture at news cameras during his criminal trial, court records confirm.
However, Chief Judge Robert Morin instead vacated the Code Pink protester's conviction and granted her motion for a new trial, court records show.
Washtenaw County Trial Court Judge Darlene O'Brien told CNN that in criminal cases, defendants have a right to say something before their sentencing.
Bensouda's new filing, which will be heard by a trial court, was the first step in the legal process to appeal the refusal.
On May 12, Kimberly Thomas, 48, will appear in a Tennessee courthouse for a review of her upcoming criminal trial, court officials confirm.
In all the cases, the trial court found in favor of the plaintiffs, but the 6th Circuit Court of Appeals reversed those decisions.
"Trial court judges do not really go for far-out theories or highly novel adaptations of established theories," said Professor Feldman of Georgetown.
A trial court dismissed the suits in 2014, saying the city had not demonstrated that its claims were covered by the housing law.
The CCA has ordered the claims of Brady violations, false testimony and actual innocence in Mr. Reed's case back to the trial court.
Some activists have disputed that he was underage, however, and the original trial court said his age had been determined from faked documents.
Gun owners challenged the regulation in a federal trial court in Michigan, saying that federal law did not allow the executive branch's action.
The Court of Appeals sent the case back to the trial court to analyze whether the claims are still viable under that statute.
In the trial court, Ms. Wang's argument prevailed, as Justice Jennifer Schecter of the State Supreme Court in Manhattan rejected Mr. Kasowitz's arguments.
"The protections of a shield law are meaningless unless a reporter can appeal an erroneous trial court ruling," he said in a statement.
A trial court dismissed the suits in 20153, saying the city had not demonstrated that its claims were covered by the housing law.
A federal trial court dismissed the families' claims, saying the assets were located in Luxembourg and thus, under the FSIA, immune from seizure.
Those documents were produced after a trial court ordered their release under the Freedom of Information Act, and the administration did not appeal.
A federal trial court dismissed the families' claims, saying the assets were located in Luxembourg and thus, under the FSIA, immune from seizure.
Trump lost before a trial court in that case but is now waiting for a decision from the federal appeals court in Washington.
HSBC must still be reviewed by the trial court overseeing the four-year-old case, presided over by U.S. District Judge Dora Irizarry.
The NRA, on Monday, sued Lockton in a U.S. trial court in Alexandria, Virginia, saying it had breached its contract with the group.
A Wyoming trial court rejected Herrera's claim that, per the treaty, he had a right to hunt in the forest, the high court said.
When the 9th Circuit rejected the interlocutory appeal, the plaintiffs dismissed their individual claims in the trial court and returned to the 9th Circuit.
Both the trial court and the Sixth Circuit Court of Appeals said he cannot, despite the rather clear evidence that Mr Fitzgerald failed him.
"The trial court found that the evidence shows that the denial of the International Keystone Knights' application amounted to impermissible viewpoint discrimination," he wrote.
The California jury reached its decision following a roughly seven-week long jury trial, court records showed, but further details were not immediately available.
The trial court also jailed three men for life, public prosecutor Entajul Haque told reporters, after the verdict was delivered in a packed courtroom.
The trial court only allowed into evidence texts the woman sent after the assault, in which she told a friend she had been raped.
About 180 potential jurors were ordered to appear for roll call on Monday at Charleston County Judicial Center for Slager's trial, court officials said.
The state trial court entered a deferred judgment, and after Reese successfully completed an eighteen-month probationary period without incident, the charge was dismissed.
Issues like these are also why the trial court treated the efficiency gap as "corroborative evidence of an aggressive partisan gerrymander" — not ironclad proof.
The trial court rejected the state's argument that the districts, as drawn, were justified as an attempt to comply with the Voting Rights Act.
The appellate court ruled the trial court in Cosby's case did nothing wrong, and the testimony established the disgraced comedian's predictable pattern of behavior.
At a hearing on Monday afternoon in Seattle, Michelle Bennett, a Justice Department lawyer, urged Judge Robart to halt proceedings in the trial court.
The Trump administration's decision to weigh in on this case is surprising because Payne-Elliott filed his suit in an Indiana trial court — i.e.
But they have an opportunity to demonstrate to a trial court judge, a federal district court judge, why this ban doesn&apost apply to them.
One patient is suing Guardian in a lawsuit now pending before an appeals court in Texas, after a trial court refused to dismiss the lawsuit.
She then recounted a witness's reasoning from the trial court explaining why "'race, and not party', was 'the dominant factor' in District 12's design".
The San Francisco-based 9th U.S. Circuit Court of Appeals upheld California's law in 2016, reversing a federal trial court that had ruled it unconstitutional.
China asked the trial court to dismiss the allegations in part because its laws had forced Chinese companies to comply with government-mandated pricing regimes.
They sought class certification, and the trial court allowed it, a decision upheld by the Chicago-based 7th U.S. Circuit Court of Appeals last August.
The most likely result of the past few days' legal maneuvering is that the case returns to the trial court for further, less rushed, proceedings.
Not surprisingly, the trial court dismissed her case at the outset, because what she claimed -- even if true -- was not a violation of the law.
Then they have to show up, either before the grand jury or the trial court or both, subject to the order to provide truthful testimony.
To the inmate, the scheduling of sentencing, trial, court appearances, and transfers can be unpredictable, making it hard to say for sure where they'll be.
After four years at Delaware State University, Joyner, 22, had set up a post-grad internship with a trial court in Massachusetts in her hometown.
And all of that is before the trial court even gets to the "merits" phase — the proceedings that result in the trial court's final ruling.
The court said that the trial court had considered the "totality of the circumstances" including alleged "historical evidence of racial discrimination" by the district attorney.
Dissenting from the majority was Judge Josephine Staton, who usually presides over a federal trial court in California but was designated to the appellate case.
The final ruling by the Supreme Court, in United States versus Richard Nixon, was handed down two months after an order by the trial court.
With the help of his public defender, Skalnik filed a motion with the trial court in which he claimed a history of extensive prosecutorial misconduct.
A trial court agreed, finding that the rules kept lower cost networks out of the field and led to higher prices for merchants and consumers.
The Makati Regional Trial Court issued the arrest warrant after the country's Supreme Court refused to back the senator over the validity of the amnesty.
A three-judge panel from the Fourth Circuit said no, they are not, and sent the case back to a federal trial court to review.
A trial court sided with Henkin in 2014, instructing Forman to provide photos that didn't include nudity as well as messages she'd sent after the accident.
Volokh said he could understand why a trial court colleague might sympathize with Justice Goodson, but Judge Martin's ex parte order was not the right reaction.
The judge's approval would be needed for an appeal at this stage of the case -- since the case isn't fully decided yet in the trial court.
Judge Lynn had allowed discovery and briefing to move ahead while the appeal was under way, so summary judgment motions were pending in the trial court.
The case was largely dismissed in the trial court, reversed on appeal and then accepted by the Supreme Court, which heard oral arguments on November 8th.
During the 2000 election, a Missouri court of appeals reversed a trial court decision that had ordered the polls open late in some St. Louis precincts.
Because nothing in the complaint suggests there is a strong public policy that justifies the alleged discriminatory pricing, the trial court erred in sustaining the demurrer.
When the case went back to the trial court after the 2nd Circuit ruling, that's what happened: The judge appointed interim lawyers for the injunction class.
The trial court denied the defense's motion to dismiss, but the Sixth Circuit Court of Appeals is taking the unusual step of hearing an interlocutory appeal.
The president has peppered his list of judicial nominees with some who plainly lack the necessary qualifications, including a trial court nominee with no trial experience.
She added: "If he thinks the trial court takes a long time, the appeals court sometimes doesn't put an opinion out for a year or more."
The trial court judge dismissed her suit, declaring that this conduct did not meet the threshold for sexual harassment, and the appeals court affirmed the dismissal.
The judge allegedly conspired with a court officer Joseph is accused of conspiring with a former trial court officer, Wesley MacGregor, to help the defendant escape.
Harder's legal team won in a trial court, then secured a settlement after the website's parent company filed for bankruptcy, sold itself and shut down Gawker.com.
"Although Domino's is disappointed that the Supreme Court will not review this case, we look forward to presenting our case at the trial court," Domino's said.
" Domino's said in a statement that it was disappointed in the Supreme Court's decision, but "we look forward to presenting our case at the trial court.
It found that the county had "knowingly and deliberately misrepresented both the law and the facts to the trial court" and granted Ms. Magney attorneys' fees.
Moore earned an appointment to the circuit trial court in Etowah County in 1992 after switching his political affiliation from Democrat to Republican, according to Politico.
Those decisions, which required weighing all mitigating factors whether or not they were connected with the crime, contemplated resentencing to take place in a trial court.
It also rightly chided the trial court for not giving proper consideration to the position of the 2017 Congress, as the legal test required it should.
Lawyers for Smith argue that although the jury rendered a verdict of life without parole, the trial court overrode the jury's verdict and sentenced Smith to death.
The decision was affirmed by the 5th U.S. Circuit Court of Appeals, and the matter returned to the trial court for further proceedings, leading to Wednesday's pleas.
On Monday morning, she surrendered to the authorities at Pasig city regional trial court in Manila and posted bail, which was set at 24,240 Philippine pesos (£900).
The Supreme Court should send the case back for the trial court to determine whether a new trial is warranted on that issue, the Justice Department said.
We're pleased the court dismissed some of these bogus claims and look forward to defeating the rest of them, both on appeal and in the trial court.
Google had moved to dismiss named plaintiffs' claims years ago in the trial court but, as I mentioned, the case settled before the Supreme Court's Spokeo ruling.
We consequently agree with Moore and the prosecutor that, on the basis of the trial court record, Moore has shown he is a person with intellectual disability.
They won at the trial court, so the ACA's defenders – the House of Representatives and states including Colorado – and their amici filed first at the 5th Circuit.
Newton District Court Judge Shelley Richmond Joseph, 19933, and former trial court officer Wesley MacGregor, 56, were indicted Thursday on obstruction of justice and other federal charges.
She objected to the settlement in the trial court and is now continuing to fight for her right to opt out of settlement and go to trial.
The trial court in this case, after a full trial, found direct evidence that American Express's gag orders were anticompetitive and thus an illegal restraint on trade.
In March, a trial court judge in New York ruled Ms. Zervos's case could go forward because his comments had nothing to do with his official duties.
But Ms. Clark, a plain-spoken former trial-court judge, vowed to get to the bottom of the shooting of the woman killed in October, Deborah Danner.
The trial court had no problem convicting the governor under the Hobbs Act, which criminalizes government officials who receive payments or bribes in exchange for official acts.
In the March verdict, the jury initially ordered Bayer subsidiary Monsanto to pay Hardeman $80 million, which a trial court judge reduced to $25 million in July.
In 1962, Grove had a breakthrough, when the Supreme Judicial Court of Massachusetts, on a four-to-three vote, reversed a trial-court judgment against the book.
In late November, after the election, the trial court ordered special elections in 2017, about halfway through what would ordinarily be two-year terms for state legislators.
Last July, the full Fifth Circuit largely adopted the panel's distinctions and reasoning, and it returned the case to the trial court to consider an appropriate remedy.
In a typical drug court, a local trial court devotes extra time and resources to a set of criminal defendants who have a specific need in common.
The Trial Court The last legal obstacles to such a prosecution would come from the trial court -- from an independent, life-tenured federal judge who could dismiss any indictment that he found to be legally insufficient, and from a jury of 12 of Clinton's peers, which would have to be unanimous in its belief that she was guilty beyond a reasonable doubt to convict her of a crime.
"We are trying to determine what exactly happened and whether any rules or policies were in fact violated," said Multnomah County Circuit Court ‎Trial Court Administrator Barbara Marcille.
The named plaintiffs asked the 9th U.S. Circuit Court of Appeals to review the trial court ruling, which had the same effect as a decision denying class certification.
Two American hackers charged with murdering a young American woman in the Philippines in December pleaded not guilty in a regional trial court in Mandaluyong City on Monday.
In a special session next month, they will attempt to gerrymander trial-court districts in favor of Republicans and to cut judicial terms from eight years to two.
Judge Rolando How of the Paranaque City Regional Trial Court Branch 257 ordered the National Bureau of Investigation and the Philippine National Police to present Okada to court.
In Massachusetts, for example, trial court judges actually receive a smaller salary than what is paid to first-year associates at over 30 of the state's law firms.
Joseph and a trial court officer, Wesley MacGregor, instead helped the Dominican immigrant evade the Immigration and Customs Enforcement agent and sneak out the court building's back door.
Ketanji Brown Jackson Age: 45 Current position: Federal trial court judge, U.S. District Court in Washington, appointed by Obama in 2013, confirmed by the Senate on voice vote.
The government filed statements of interest backing legal arguments by the former Gilead employees in the trial court and at the 9th Circuit in 2014, 2015 and 2016.
The court's decision concerned only one defendant, a 34-year-old man surnamed Oh, a Jehovah's Witness whose trial court guilty verdict was upheld at the appellate court.
Another New York decision by a trial court judge in favor of the marketer of a drug that targeted extreme cases of high cholesterol was also not appealed.
A trial court and the Court of Appeals of Indiana sided with Timbs, but the Indiana Supreme Court ruled that the Eighth Amendment doesn't apply to the states.
The trial court had found that Republican legislators in the state had violated the Constitution by drawing congressional voting districts to hurt the electoral chances of Democratic candidates.
Legal experts have assumed that it would be turned to only after a Supreme Court decision, not a ruling by a trial court like the Ontario Superior Court.
Judge Dabney Friedrich, who serves at the trial-court level in DC federal court, said Concord Management and Consulting could not have its case tossed on constitutional grounds.
Wednesday night, Chief Judge Beryl Howell of the US District Court for the District of Columbia released a redacted version of the proceedings at the trial court level.
Indeed, the House plays a role similar to that of a grand jury in the impeachment context, and the Senate plays a role similar to the trial court.
In recent years, trial court and court of appeals decisions have interpreted Title IX to cover sexual orientation and gender identity, too, extending its protections to the LGBT population.
"After judgment, however, the U.S. Army's highest appellate court noted concern about how the trial court had handled Mr. Behenna's claim of self-defense," Sanders said in the statement.
They would have received ABA ratings of "not qualified," but the ABA does not evaluate nominees to the US Court of Federal Claims, a trial court with nationwide jurisdiction.
A trial court closed the case in 2009 saying Dozier did not have evidence to support her claim that American Airlines was responsible for the passenger ejaculating on her.
China intervened in the case, asking the trial court to dismiss the allegations in part because its laws had forced Chinese companies to comply with government-mandated pricing regimes.
"Although Domino's is disappointed that the Supreme Court will not review this case, we look forward to presenting our case at the trial court," Domino's said, reported USA Today.
VOTING STOCK * READING INTERNATIONAL INC - CALIFORNIA COURT OF APPEALS HAS STAYED ALL TRIAL COURT PROCEEDINGS AND ISSUED AN ORDER TO SHOW CAUSE Source text for Eikon: Further company coverage:
Judge Schroeder's decision capped a trial court record that stretched more than 23,000 pages and included weeks of testimony about the General Assembly's revisions to the election laws here.
The challengers disagree and stress that a trial court judge found abortion in Louisiana to be safe and declared the new regulation would not enhance women's health or safety.
In 2016, as Mr. Madison's execution neared, he asked the state trial court to suspend his death sentence because he said he could not remember what he had done.
A California trial court judge in October 2017 threw out a $417 million ovarian cancer verdict against the company, saying there had been insufficient evidence to support the award.
In 2014, the Maricopa County Commission on Trial Court Appointments recommended Ms. Mitchell to be one of several candidates for Maricopa County Superior Court judge, The Arizona Republic reported.
Newsbook On Monday, the Supreme Court passed up an opportunity to reconsider whether the Constitution bars extreme partisan gerrymandering, returning a case from North Carolina to a trial court.
But the United States Court of Appeals for the Fifth Circuit, in New Orleans, has never lifted a 22014 stay of a trial court ruling striking down the law.
The stay remained in place after a unanimous three-judge panel of the court last year ruled against the law, though on narrower grounds than the trial court ruling.
In the Nixon case, it took three months from the ruling of the trial court to the final decision by the Supreme Court that ultimately led to his resignation.
"The trial court found that the government had improperly and unconstitutionally confiscated 80 percent of the A.I.G. shareholders' equity during the 2008 financial crisis," he said in a statement.
A trial court ruled that the NCAA had violated antitrust law, a ruling that was upheld by the 9th Circuit, though the court limited the scope of its remedy.
The decision overturned a ruling by a trial court judge who dismissed the lawsuit based on the 2005 federal law, named the Protection of Lawful Commerce in Arms Act.
It's also the reason the appellate court should have reversed outright rather than buying time for the president by sending it back to the trial court for another look.
While "[g]etting to the bottom of a dispute like this one poses special challenges for a trial court", Justice Kagan wrote, the justices' job is different, and "generally easier".
" Under Florida law, judges there must give capital sentencing recommendations "great weight," Justice Alito wrote, meaning that "the trial court performs what amounts, in practical terms, to a reviewing function.
"They created new law here in Massachusetts and applied it retroactively, but at this point our focus will need to be on the upcoming proceedings in trial court," Cataldo says.
The Texas Criminal Court of Appeals overturned Albritton's conviction in late June, but before her record can be cleared, that reversal must be finalized by the trial court in Houston.
"Our goal is to quickly move this case to a final decision at the trial court level and ultimately to the Supreme Court of Kentucky," he said in a statement.
The American Civil Liberties Union (ACLU), which challenged the question on behalf of immigrant rights groups, said it looks forward to defending its trial court victory before the Supreme Court.
A decision on whether or not the fraud claims can proceed would normally take another month and, if not dismissed, the case would then go back to the trial court.
In 2015, a trial court judge in Los Angeles County Superior Court granted Zimmer's motion for a new trial after finding the jury had reached a "hasty and excessive" verdict.
But the trial court ruled that the case could proceed, and in 2015, 38 years after his first trial, Mr. Hartfield was convicted again and sentenced to life in prison.
So far, four federal judges -- including the one who ruled on Miller's case at the trial court level -- have upheld Mueller's appointment and authority to bring the cases he prosecuted.
Because of the lack of case precedents, the opinion of the public and the advisory jury may have moved the gavel in the trial court and in the appeal decision.
"Although Domino's is disappointed that the Supreme Court will not review this case, we look forward to presenting our case at the trial court," Domino's spokeswoman Jenny Fouracre-Petko said.
I heard over and over from trial court judges that if that judge ever had a need for a criminal defense attorney, a public defender would be the first choice.
With a scant appeals record, most of the attention is focused on Thapar&aposs trial court service, where he is remembered for sprinkling pop culture and colloquial references in his work.
One of those nominees, Florence Pan, is a summa-cum-laude graduate of the University of Pennsylvania and a judge on the District of Columbia superior court, a local trial court.
Justice Brett Kavanaugh, who wrote the court's majority opinion, said the trial court committed "clear error" by concluding that the prosecutor's strike of a black juror was not motivated by discrimination.
The college denies that it discriminated against the plaintiff on the basis of her sex or sexual orientation and will defend the plaintiff's claims on the merits in the trial court.
His Supreme Court appeal rested on arguments that Blankenship's trial court judge incorrectly interpreted the definition of "willful" violations of federal safety laws, because Blankenship was not aware of the violations.
Prosecutors in Kansas trial court did not call the police officer to the stand, and the defendant did not cross-examine him, meaning the officer's testimony was not submitted as evidence.
The officer and lawyer then jointly apply for permission "in writing" and submit the application to a "Federal judge of competent jurisdiction," meaning in normal cases a federal trial court judge.
Those defendants argued that their defenses were completely antagonistic, with each planning to heap blame on the other for any violations, leading the trial court to order separate trials for them.
"With no explanation or instruction, this matter has been remanded to the trial court for another hearing," Associate Justice Rhonda K. Wood wrote in a dissent that two other justices joined.
Blankenship's Supreme Court appeal rested on arguments that Blankenship's trial court judge incorrectly interpreted the definition of "willful" violations of federal safety laws, because Blankenship was not aware of the violations.
Federal court cases typically proceed in an orderly way: Plaintiffs file a complaint in the trial court, and that complaint includes specific legal claims and asks for particular forms of relief.
The Arizona Republic reports that in 2014, the Maricopa County Commission on trial court appointments recommended her as one of nine candidates to be considered for the county's superior court judge.
A federal trial court in the District of Columbia last month invalidated the administration's approval of a Medicaid waiver granted to Kentucky, which would have imposed work requirements and other restrictions.
In consulting the "definition of intellectual disability presently used by the AAIDD [American Association on Intellectual and Developmental Disabilities]", Judge Cheryl Johnson wrote, the trial court had mistakenly used a newfangled standard.
Last Friday, a divided three-judge panel of the 63th U.S. Circuit Court of Appeals stayed a trial court injunction, effectively leaving in place, for now, a Michigan law barring ballot selfies.
They're down to two choices: settling with Goldman or continuing to litigate in the trial court, with no guarantee they'll ever get to argue the embedded link issue at the 2nd Circuit.
The department disclosed its plan in a brief urging a federal judge in Boston to not allow the Ivy League school to file pre-trial court papers and documents provisionally under seal.
The agency said the designation under a state law known as Proposition 65 will proceed following an unsuccessful attempt by seeds and chemicals company Monsanto to block the listing in trial court.
The Court of Appeals questioned whether the trial court sufficiently required the prosecutor to establish that witnesses' exposure to the immunized Congressional testimony didn't taint their trial testimony and reversed their convictions.
Trial court judges do the bulk of the work in the federal court system: Last year they heard nearly 375,000 new cases, while the Supreme Court justices issued just under 75 opinions.
He accused the DSS of "aggravating the felony of contempt of court by asking sureties who had been verified by the trial court to report in its office for an illegal verification".
The candidate down in the count simply files a challenge with a state trial court, alleging that something in the vote casting or counting process was amiss that would change the result.
A conviction there was overturned last month because the judge had ordered the defendant to be electrically shocked by a device on his ankle three times during his trial, court documents show.
Covington, No. 16-1023, dealing with a late November order by the trial court for special elections in 2017, about halfway through what would ordinarily be two-year terms for state legislators.
The documents, including emails and attachments sent to and from Commerce Secretary Wilbur Ross and others, amount to around 20,000 pages, the Justice Department told the New York trial court in December.
On Tuesday, a French court delivered documents to Dow France provisionally freezing shares worth 21 million euros, or about $2700 million, pending a trial scheduled for January at the Paris Trial Court.
The trial court said the district was justified by an attempt to comply with the Voting Rights Act, which forbade the reduction of minority voters' ability to elect candidates of their choice.
By a 2-1 vote, they held that the ban placed a substantial burden on Marylanders' Second Amendment rights and that the trial court hadn't been tough enough the first time around.
A trial court convicted the girl's parents, Rajesh and Nupur Talwar, after police alleged Rajesh had murdered his daughter and the servant in a rage when he found them in a compromising situation.
A Missouri appeals court has approved the wording in a union-backed referendum to repeal the state's new "right-to-work" law, reversing a trial court judge who had rewritten the ballot initiative.
What they're saying: White House press secretary Sarah Sanders said in a statement that the highest appeal court "noted concern about how the trial court had handled Mr. Behenna's claim of self-defense."
He also explained that he joined the liberal faction with respect to District 12 in part because of his belief in deferring to the findings of the trial court unless it clearly errs.
In 2012, a California trial court ordered the Boy Scouts of America to turn over their secret "perversion files," documenting decades of childhood sexual abuse in Scouting in every state, including New York.
If the trial court grants that preliminary injunction, it may be safe in the appeals court, since the Ninth Circuit has already treated the prior TRO as if it were a preliminary injunction.
"It was the trial court that observed the veniremen firsthand and its evaluation of the prosecution's credibility on this point is certainly far better than this court's nearly 30 years later," he said.
According to the order, the matter was returned to the trial court judge who'll consider whether Labrie has been imprisoned long enough to understand the importance of respecting the conditions of his bail.
In late 2014, one state trial court found in favor of Hashmi, ordering the NYPD to respond to his public records request and rejecting its claim that sensitive police work would be compromised.
Ella T. Grasso, the first woman to be elected governor in her own right in the United States, appointed Judge Burns to the Superior Court, the state's primary criminal and civil trial court.
By granting the indefinite stay and sending the case back to a trial court, the Texas appeals court — the highest criminal court in the state — provided Mr. Reed's defense team a sweeping victory.
The court said the "vast majority" of evidence prosecutors had used against Hasbajrami was "lawfully collected," but prosecutors did not provide information to the trial court about whether investigators had "queried" NSA databases.
Ordinarily, if a party loses in a federal trial court, they may appeal that decision to an appeals court and then, if the justices decide to hear the case, to the Supreme Court.
The court said the "vast majority" of evidence prosecutors had used against Hasbajrami was "lawfully collected," but prosecutors did not provide information to the trial court about whether investigators had "queried" NSA databases.
The appellate court told the trial court to examine the A.C.A. more carefully with "a finer-toothed comb," to determine how many — if any — provisions are really inextricably tied to the purchase requirement.
A degree of closure came in 2014, after a Florida trial court awarded Caballero damages in a case that held Colombia's most notorious guerrillas and drug traffickers liable, in absentia, for the brutal attack.
A trial court, however, held 32 people guilty of murder in 2012 and sentenced them to 28 years in prison, with the state minister Maya Kodnani being the highest-profile figure to be convicted.
The trial court denied the state's motion in 2014, ruling that sovereign immunity was no bar to claims concerning alleged restriction of constitutional speech, Blackwell wrote in his ruling, recounting the case's procedural history.
So you have busy trial court judges making admissibility decisions about techniques that have been around for a long time and the easy thing to do, no question, is to preserve the status quo.
However, the St. Louis trial court has allowed many out-of-state plaintiffs, including most of those who won the $4.7 billion verdict, to proceed based on state ties the defendants say are tenuous.
Defendants in civil cases can generally file so-called post-trial motions, asking the trial court judge to reduce a verdict or set it aside entirely, but J&J did not file such motions.
But, before he can change history, Sias needs to succeed at the polls on the May 16 Democratic primary in Philadelphia to gain a seat on Pennsylvania's trial court, the Court of Common Pleas.
Filed on Wednesday in a Guilford County trial court, the lawsuit said the bank failed to put in place proper procedures for mock robbery drills and "condoned a work environment" where assaults were tolerated.
It is surprising to see the Trump legal team place so much reliance on a case in which the DC Circuit told the trial court to consider ordering more, not less, White House disclosures.
Soon after the Supreme Court ruled on Monday, Alabama's attorney general, Luther Strange, announced that he would drop an appeal from a trial court ruling that had blocked his own state's law restricting abortions.
But the appeals court said it was temporarily halting proceedings in the trial court while it considers whether to hear an appeal by Mr. Cosby that the charges against him should be thrown out.
But she argues that the House should be required to go back to the trial court and prove, once again, that it is actually seeking these particular materials as part of an impeachment inquiry.
"Viewing the evidence in the light most favorable to the defense, as we must, we conclude the trial court erred in failing to give the momentary possession instruction" to the jury, the court found.
On Monday, in an unsigned opinion without noted dissents, the Supreme Court said the trial court had acted too hastily and ordered it to reconsider the matter of whether a special election was warranted.
According to complaint filed at a regional trial court, de Lima received 5 million Philippine pesos ($99,850) delivered by the former prison official to her home when she was justice minister between 2010 and 2016.
The court does not reveal, for example, how many votes are needed when someone who has lost in a trial court seeks to bypass the usual appeals court review and go right to the justices.
"That diagnosis is inconsistent with the findings of the three licensed mental health professionals appointed by the trial court, including an expert psychiatrist who is Board-Certified in both Psychiatry and Forensic Psychiatry," McAuliffe said.
The original trial court in the northern province of Hebei had ruled that Wumart had fraudulently received Rmb31.9m in state funds, and that Mr Zhang had purchased shares of state-run enterprise as a bribe.
"The trial court pointed to nothing in the express terms of the search and seizure statutes that creates confidentiality in the documents or otherwise limits the disclosure, copying, or distribution of the documents," Mullins wrote.
The case now returns to the trial court, which will hold a trial in April to decide whether the law is a poll tax or must be invalidated under any other provision of the Constitution.
Jim Hood, the outgoing attorney general of Mississippi whose last day in office is Thursday, said the trial court and his successor, Lynn Fitch, would determine who prosecutes the case after Mr. Evans is recused.
On Monday, a trial court in Moscow sentenced him to three and a half years in a penal colony for assaulting a police officer during his arrest at a recent protest rally in central Moscow.
" The trial court, the attorneys said, was in a "rush to move the case along" and prevented the jurors from hearing evidence surrounding Roof's competency hearings in which five experts found him to be "delusional.
The trial court in Hawaii even denied the ability of the administration to study and work on improving vetting procedures in the high-risk countries (part of the order later reversed in the Ninth Circuit).
Pistorius' lawyer Barry Roux has said the appeal would cite grounds including the appeal court reconsidering a trial court finding that Pistorius felt his and Steenkamp's life were in danger when he fired the shots.
After the first guilty verdict, Mr. Garcia chose to begin serving his three-year sentence and spent three months in prison, even though the trial court had said the couple could remain free while appealing.
Pitt said he was aware of no federal appeals court that had addressed such claims in a comparable situation, but a similar suit over asbestos in public housing is currently pending in a Philadelphia trial court.
During his captivity, rebel forces tortured him daily, forcing him to walk through the jungle for hours and depriving him of food and water, according to the civil complaint Caballero filed in a Florida trial court.
" The court's decision read: "On remand, we remind the trial court that its sentence must reflect not just the rehabilitative needs of Mr. Celestin, but also the gravity of the offense and protection of the public.
But DOJ said that when the case returned to the trial court, the government would itself move to dismiss the suit in order to avoid burdensome discovery from FDA officials and to preserve the agency's discretion.
The state's First District Court of Appeal on Thursday ruled 2-1 that since the state has built a stronger case "that raises genuine issues of material fact," it should be heard back in trial court.
Prisoners complained that legal aid lawyers, at the trial court and appellate court levels, tried to extort money from the families of death-row prisoners, threatening not to turn up for hearings unless they were paid.
But Salic could not immediately be sent to the United States because he faced charges of murder and kidnapping, along with 53 other pro-Islamic State militants, in the regional trial court in the southern Philippines.
Because it came from a trial court, Friday's verdict "doesn't in itself move the bar on the constitutional question in any significant way," said Geoffrey R. Stone, a professor at the University of Chicago Law School.
A federal trial court ruled that this was racial gerrymandering — that the Republican-dominated state legislature was drawing boundaries based on voters' races, which isn't allowed, rather than for other, permitted purposes, such as protecting incumbents.
His solitary opinion, seemingly aimed at portraying his dissenting vote as reasonable, was oblivious to the fact that the trial court had found that the doctors had been repeatedly stiffed by Louisiana hospitals, sometimes for years.
In asking the Supreme Court to block the North Carolina ruling, state lawmakers said the trial court had made legal errors and unreasonable demands, notably in ordering new congressional maps to be drawn by Jan. 24.
Shortly before Thanksgiving, a federal trial court blocked the administration's plans to execute four of the five inmates, holding that the Justice Department did not follow a federal statute governing how executions must be carried out.
The court left open the question of whether a company could still dodge liability by depositing the full amount of a plaintiff's claim in an account, leading a trial court to rule in favor of the plaintiff.
The company is confident it will ultimately prevail in the Hogan lawsuit, but was not able today to obtain from the trial court even a brief stay without onerous conditions to seek relief from the appeals court.
The appeals court also ruled that a trial court could hear claims by buyers "based on oppression, collusion or breach of fiduciary duties," for which Mr. Trump, Mr. Shnaider and Mr. Levitan could be held personally liable.
Ellen Bree Burns, a prominent judge who was the first woman to serve on Connecticut's major trial court and the first woman to preside in a federal court in the state, died on Monday in New Haven.
Al Jarah's conviction, which comes six months before three other defendants in the case face a criminal trial in London, was announced after reporting restrictions were lifted in a pre-trial court hearing on Friday, the SFO said.
A trial court judge properly disqualified a public defender whose office had represented a possible witness in his client's case, even though the client did not want new counsel, the New York Court of Appeals ruled on Thursday.
" The SIA Legal Team knows of 17 women who've been arrested since 2005, she added, and they strongly suspect there are more they don't know of "because people are probably taking plea deals at the trial court level.
Al Jara's conviction, which comes six months before three other defendants in the case face a criminal trial in London, was announced after reporting restrictions were lifted in a pre-trial court hearing on Friday, the SFO said.
Several of his trial court nominees have come under fire for lack of experience, out-of-the-mainstream statements or poor preparation for the confirmation process, fueling a competing narrative that Mr. Trump is putting up unqualified nominees.
The way in which the trial court flouted that legal test and in so doing usurped the clearly expressed position of the 2017 Congress is the reason there is a broad legal consensus that the decision is lawless.
But days after a court hearing, "the 2nd Appellate District on Monday reversed Kendig's order on the motion to strike, and directed the trial court to grant the motion and award defendants their attorney fees and costs," THR reports.
"KBR is pleased that the Court of Appeals has confirmed that the trial court made the correct decision and that this legacy case is one step closer to final resolution," reads a statement from officials at the contracting firm.
In August 2017, after a six-day civil trial court, a jury in a Denver courtroom ruled that Mueller assaulted and battered the singer when he grabbed Swift's backside at a meet-and-greet photo session in June 2013.
In a 2-1 decision on Wednesday, the U.S. Court of Appeals for the 3rd Circuit said the trial court had erred in dismissing the plaintiffs' case for standing, applying too narrow of a definition of consumer protection statutes.
But in finding that the federal court lacked jurisdiction, the appellate panel ruled that the connections between the Palestinian defendants and the United States were not sufficient to give the trial court the power to hear the plaintiffs' claims.
KINSHASA (Reuters) - An appeals court has overturned a conviction of exiled Congolese opposition leader Moise Katumbi for real estate fraud, ruling that the trial court had been pressured by former President Joseph Kabila's government, Katumbi's lawyer said on Friday.
The justices sent the case back to a trial court to allow the plaintiffs to try again to prove that their voting power had been directly affected by the way state lawmakers drew voting districts for the State Assembly.
The company -- which, in more recent court filings, considers itself interchangeable with the unnamed country that owns it -- lost its challenge before the trial court and a federal court of appeals in Washington to avoid turning over the information.
OEHHA said the designation of glyphosate under Proposition 65 will proceed following an unsuccessful attempt by Monsanto to block the listing in trial court and after requests for stay were denied by a state appellate court and the California's Supreme Court.
"Thus, the trial court correctly concluded that an embryo that has not been implanted into the uterus of a woman does not constitute a 'distinct human entity' and is therefore not entitled to the rights and protections of a person."
A previous attempt last year to end the court fight was stopped by a trial-court judge, after the two sides sought to throw out her opinions in the case because of how they could play into future privilege fights.
A trial court may appoint "standby counsel" -- an attorney whose role is to aid the accused if (when) the pro se defendant requests help, and also to represent the defendant if the court puts a stop to the pro se representation.
The judges cited a separate evidentiary issue in vacating the verdict and ordering a new trial, ruling that the trial court should not have allowed non-expert witnesses to speculate on Freeport Mayor Andrew Hardwick's motivations for choosing Burmudez over Barrella.
Though it upheld the jury's findings, the 8th Circuit on Friday did find that the trial court judge had improperly calculated the damages for Bridgette Trice, mother of the 6-year-old, Devyn Bolton, and ordered that the amount be recalculated.
As a result of Wednesday's decision, however, the Indiana Supreme Court decision was tossed out, and the state court will now need to reconsider whether the forfeiture of Timbs' vehicle was excessive, as a trial court earlier held it was.
Had the case gone to trial, court filing showed that one of the government's key witnesses would likely have been Jona Rechnitz, a businessman who has pleaded guilty in connection with the police probe and is now cooperating with the government.
A Boston-area judge and her trial court officer are facing up to 20 years in prison after they helped an undocumented immigrant escape the grasp of Immigration and Customs Enforcement in April 2018, according to an indictment unsealed Thursday.
"We would have preferred to have a final outcome today, but I'm certain there will be further appellate review after the trial court rehears the case," said Holly Dickson, a staff attorney for the American Civil Liberties Union at Little Rock.
"Perhaps the Court's decision to reconsider a decades-old Batson claim based on newly discovered evidence would be less alarming if the new evidence revealed that the trial court had misjudged the prosecutors' reasons for striking Garrett and Hood," he said.
"There are strong arguments that the trial court exceeded its authority and the standards articulated by the Connecticut Supreme Court, and so today we are asking that court to review this ruling," Attorney General George C. Jepsen said in a statement.
In California, for example, a trial court refused to allow the state's attorney general access to unredacted donor information appearing on Americans for Prosperity's federal tax forms based on a history of activists using the information to intimidate donors and employees.
In 1967, the State Court of Appeals cut his death sentence to life imprisonment on the grounds that the trial court had erred by disallowing evidence of Mr. Moseley's mental condition at a hearing to determine the severity of his sentence.
As for Thursday's ruling, the appeals court found that the trial court had improperly defined a key term in one patent at issue and that two other patents should have been declared invalid and tossed out a $120 million verdict.
In tossing the case last year, the trial court accepted KBR's argument that the American military made the decision to use burn pits to dispose of trash on bases, and that federal courts cannot second-guess the executive branch's wartime decisions.
Parents "may believe that the embryos thus created are already persons -- but that is a matter of faith or of their personal beliefs, not of science and not of law," continued Friedman, who retired from the trial court in early January.
Investigators in Simi Valley, located about 40 miles northwest of Los Angeles, had found "biological samples" -- which the trial court had ordered destroyed following Coley's January 1980 conviction -- at a private laboratory, the district attorney's office said in a statement.
In 2015 a trial court ruled that as a signatory to the United Nations Framework on Climate Change, the government is obliged to establish policies that will reduce greenhouse gas emissions by at least 25 percent by the end of 2020.
The U.S. Department of Justice asked the U.S. Supreme Court to overturn an appeals court ruling that had favoured Apple over Samsung in smartphone patent litigation, and asked that it return the case to the trial court for more litigation.
After the trial court had accepted the plea agreement but before the sentencing hearing, the prosecution learned that a second of Cuero's prior convictions qualified as a strike, thus rendering the felony charge Cuero now was facing a third strike.
In its letter to the court on Wednesday, the CFPB suggested that if the 5th Circuit agrees that the appointment clause is unconstitutional, it should sever the provision and remand the underlying case against All American to the trial court.
Some of the jurors who delivered a $289 million verdict against Bayer AG unit Monsanto, finding the company's glyphosate-based weed killers caused a man's terminal cancer, have written to the trial court judge, urging her to uphold their decision.
In January 2011, a little over a month after the trial court sentenced Asia Bibi to death, Salman Taseer, a Punjab governor, was gunned down by his bodyguard, Mumtaz Qadri, because he had visited Bibi in prison and questioned her conviction.
A trial court had temporarily blocked the law in Kansas, finding that the state Constitution protected a right to abortion and, citing United States Supreme Court case law, that the ban would present an undue burden to women seeking one.
Ch. 93A & patent inventorship * Alexei Marko, Neovasc CEO said will be exploring our options regarding post-trial motions in trial court potentially, appellate process Source text for Eikon: Further company coverage: (Bengaluru Newsroom +91 80 6749-1130; within U.S. +1 646 646 8780)
In a separate case regarding Trump and emoluments, the President similarly attempted to appeal at an early stage, and the Justice Department gave rare approval to go straight to an appeals court, bypassing the trial-court judge after he disagreed with Trump's arguments.
Set in the United States District Court for the Southern District of New York, the most high-profile trial court in America, six junior lawyers will face off in thrilling trials, all while trying to prove their worth to impress their veteran bosses.
In a hearing Tuesday, Chief Judge Beryl Howell of the DC District Court, the first-line trial court in most separation of powers fights, grilled a Justice Department lawyer who argued to keep information known to the executive branch away from the House.
His conviction was upheld by the United States Court of Appeals for the Ninth Circuit in California in an opinion written by Jed S. Rakoff, a federal trial court judge in Manhattan who was doing a guest stint on the Ninth Circuit.
Massachusetts Attorney General Maura Healey said the indictment was "a radical and politically motivated attack on our state and the independence of our courts" and that the matter could have been handled by the state Commission on Judicial Conduct and the Trial Court.
Cover: Maria Ressa, center, the award-winning head of a Philippine online news site Rappler, talks to the media after posting bail at a Regional Trial Court following an overnight arrest by National Bureau of Investigation agents on a libel case Thursday, Feb.
In 83, a Texas trial court found that Moore couldn't be executed because he met the definition of intellectually disabled under the updated American Association of Intellect and Developmental Disability guidelines — not the 2004 standard the Texas Court of Criminal Appeals was using.
The decision, from Cleveland County District Judge Thad Balkman, is the first time that a trial court has held a drugmaker accountable for the nation's opioid epidemic, which has contributed to the more than 700,000 drug overdose deaths in the US since 1999.
According to a report from China's official court news service, prosecutors told the high court of Liaoning Province, where the case was heard, that the trial court decision had underplayed Mr. Schellenberg's crimes by treating him as an accessory in a failed crime.
WASHINGTON — The Supreme Court on Monday largely upheld an array of congressional and state legislative districts in Texas, reversing trial court rulings that said the districts violated the Constitution and the Voting Rights Act by discriminating against voters on the basis of race.
It seems unlikely to me that either DOJ or FHFA, which has independent litigating authority, will ask the Supreme Court to look at the 5th Circuit's en banc ruling, even putting aside the appellate remand of shareholders' APA claim to the trial court.
The North Carolina case has its roots in a 2016 trial court decision finding that 28 State House and Senate districts drawn in 2011 by the Republican-led legislature violated equal protection principles by using race as the predominant factor without good reason.
The appeal argued the trial court ruled incorrectly in eight decisions, including by allowing five "prior bad acts" witnesses to testify and by reading the jury excerpts from Cosby's civil deposition in which he says he got Quaaludes to give to women.
In Ohio, Democratic groups have filed a federal lawsuit that could change the congressional map, and the Supreme Court is scheduled to take up the North Carolina General Assembly's appeal of a trial court ruling on a gerrymandering case later this month.
In April, Newton District Court Judge Shelley Richmond Joseph and former trial court officer Wesley MacGregor were indicted on obstruction of justice and other federal charges for allegedly allowing an undocumented immigrant at a criminal court hearing to escape detention by an ICE officer.
" Schmack conducted a six-month review of the evidence, saying in a 26-page report that McCullough's arrest and conviction were based on false and misleading testimony: "Intentional or accidental, this testimony resulted in a fraud on both the trial court and the appellate court.
The trial court in Timbs' case, in which he was not sentenced to any jail time and had to pay fees and costs of $1,203, found that the seizure of the SUV, which he had purchased for $42,000, was grossly disproportionate to his crime.
The Texas Forensic Science Commission has put a moratorium on bite mark evidence and others have expressed doubts, but there has not yet been a trial court that has excluded it from evidence on the grounds of it being insufficiently reliable, and that's shocking.
A New Delhi trial court found Farooqui, best known as co-director of the 20 film, "Peepli (Live)," guilty Saturday of raping the 35-year-old woman in the nation's first conviction for an oral sex rape, prosecution lawyer advocate Vrinda Grover told CNN.
In August last year, after a six-day civil trial court, a jury in a Denver courtroom ruled that Mueller assaulted and battered the singer when he grabbed Swift's backside at a meet-and-greet photo session at the Pepsi Center in June 2013.
"This court should recognize, as the trial court did not, what science now unmistakenly establishes and what the Missouri General Assembly has acknowledged in the law of this state — new human life is created at the instant of sperm-oocyte binding," their appeal brief said.
Possible leverage with Senate Republicans: During her confirmation hearing to the federal trial court, she was supported by Republican Paul Ryan, current speaker of the U.S. House of Representatives, to whom she is related by marriage; Ryan's brother-in-law is her husband's twin brother.
A federal trial court in New Jersey threw out the cases, but in 2017 the 3rd Circuit allowed the claims to proceed to trial, ruling that a jury could find that the FDA had objected only to Merck's phrasing of the proposed warning label.
Denise Hulett, an attorney for one of the plaintiffs -- the Mexican American Legal Defense and Educational Fund, or MALDEF -- who argued at a court hearing Tuesday, said the next step is for the appeals court to decide whether it will return the case to the trial court.
"Imerys Talc America is pleased the Missouri court has ordered the trial court to take no further action while it reviews the merits of whether the Missouri court has personal jurisdiction over the company in this product liability matter," the company said in a statement on Thursday.
In a 2-1 decision, the 3rd U.S. Circuit Court of Appeals held that Jill Sikkelee's claims against Avco Corp, which was acquired by Textron in 1984, were not preempted by federal law, reversing a grant of summary judgment for the company by the trial court.
When I highlighted the Justice Department's standing argument in a story last summer about its surprise amicus brief, I suggested that DOJ's aggressive stance on post-Spokeo jurisdiction could be an omen that the government will oppose more class action settlements at the trial-court level.
John Allen Rubio&aposs appeals lawyer argued unsuccessfully that Rubio&aposs attorneys at his 2010 trial in Cameron County were deficient, that the trial court failed to sufficiently pay for his appellate investigation of the case and that the Texas death penalty sentencing procedure was unconstitutional.
The Caloocan City regional trial court in Manila issued an arrest order following the recent filing of murder charges by state prosecutors over the death of 17-year-old Kian Loyd delos Santos, a student described in a police report after his death as a drug courier.
"  As a result, the appellate court ruled that "in denying waiver, the trial court minutely considered the circumstances of the offense, made an independent assessment of the juvenile's culpability, and considered G.M.C.'s prior good character and 'the input of the victim or the victim's family.
Today, I had the honor of meeting #RodneyReed in person and the privilege of sitting with him when he got the news that the highest court in Texas had issued a stay of execution and remanded the case back to the trial court for further consideration.
The court agreed to hear an interlocutory appeal by the class but also requested briefing on its jurisdiction because the trial court decision under review was not, technically, a class certification ruling but a ruling on IQVIA's motion to strike claims by out-of-state plaintiffs.
Although the ruling sent the case back to a trial court to decide the matter and voters later amended the state's constitution to allow the Legislature to ban marriage between same-sex couples, the federal fallout included the 20193 passage of the Defense of Marriage Act.
United States – United States Court of Appeals for the Second Circuit After a trial court judge struck down the military's "don't ask, don't tell" policy, a federal appeals court reversed the decision, upholding the ban in part because of the "special respect" courts give to military decisions.
"The trial court abused its discretion, erred and infringed on Mr. Cosby's constitutional rights to Due Process of Law under the Constitution of the United States and of the Commonwealth of Pennsylvania in admitting five prior 'bad act witnesses,'" Mr. Cosby's lawyers wrote in the latest statement.
"The college denies that it discriminated against the plaintiff on the basis of her sex or sexual orientation and will defend the plaintiff's claims on the merits in the trial court," said the official, Jeff Fanter, the senior vice president for communication and marketing at Ivy Tech.
Three state judges on a North Carolina trial court just did what a majority on the United States Supreme Court said was impossible only a few months ago — apply well-established legal standards to strike down some of the most egregious partisan gerrymanders in the country.
In that case, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit reversed a trial court decision in favor of Moda Health Plan, which found that the government had failed to comply with its ACA obligation and breached an implied contract.
The firm acknowledged in a trial court motion for sanctions against Freda that it paid him hundreds of thousands of dollars as a consultant, but it said that whatever he received in excess of his annual consulting fee was a discretionary bonus – not profit-sharing or fee-splitting.
After his conviction on insider trading charges, Sean Stewart filed a motion for a new trial, asking the trial court to grant his father immunity to testify that his son was unaware the information he had given out in discussing his investment banking work would be used for trading.
As part of a series of last-ditch efforts, government attorneys are also renewing their calls for both the trial court and the San Francisco-based Court of Appeals for the Ninth Circuit to stop the case while the original judge considers their motion to delay the trial.
As part of a series of last-ditch efforts, government attorneys are also renewing their calls for both the trial court and the San Francisco-based Court of Appeals for the Ninth Circuit to stop the case while the original judge considers their motion to delay the trial.
In 2014, a Texas trial court said Moore was mentally disabled and could not be executed, but an appeals court reversed the decision, saying the court was allowed to rely on a medical standard from 1992 to determine a person's mental status until the Texas Legislature decides otherwise.
The three-judge panel for the Court of Appeals of the State of California, Second Appellate District, in a unanimous decision on Monday said the trial court did not err in excluding parts of the testimony of one of the experts testifying on behalf of plaintiff Elizabeth Alfaro.
The petition before a Manila regional trial court seeks to formally terminate peace talks with Maoist rebels, a week after a Norwegian diplomat met President Rodrigo Duterte to try to convince him to restart negotiations that Duterte had scrapped in anger at what he considers duplicity by the communists.
The disclosure on Tuesday in a pre-trial court hearing relates to a central part of the defense against the country's biggest white collar criminal case: the investment banks want to show the evidence used to charge them was tainted by outside influences and departure from due process.
The disclosure on Tuesday in a pre-trial court hearing relates to a central part of the defense against the country's biggest white collar criminal case: the investment banks want to show the evidence used to charge them was tainted by outside influences and departure from due process.
They are requiring the lower court to reconsider the case using "strict scrutiny" — in other words, the trial court must decide if the state government has a compelling reason to ban assault weapons, and if the ban was written as narrowly as possible in order to achieve that goal.
The trial court officer, Wesley MacGregor, was also charged with obstructing justice as well as perjury for allegedly giving false testimony to a grand jury when he stated that he did not know an ICE officer was in the courthouse or that the immigrant was wanted by federal immigration officials.
The company filed a "petition for certiorari with injunction to assail the suspension order" jointly issued by the Mines and Geosciences Bureau, Environmental Management Bureau and the Department of Environment and Natural Resources regional offices with a regional trial court in Pampanga province, said Anna Montes, spokeswoman for parent firm Benguet.
In June, the Texas Supreme Court threw out the ruling favoring Houston, agreeing that the Obergefell decision "did not hold that states must provide the same publicly funded benefits to all married persons," and remanded the case back to the trial court to allow the men to make their arguments again.
The federal trial court in New Jersey had ruled that Teva infringed the patents and that, though there was a commercial offer for sale between Helsinn and a U.S. company in order to develop the drug, it was not ready for patenting and not "on sale" because the sale was confidential.
A U.S. appeals court earlier this year threw out the conviction of Rasmieh Yousef Odeh, saying that the trial court should have allowed expert testimony that she was suffering from post-traumatic stress disorder due to torture in prison and did not know her statements to immigration officials were false.
This argument, Mr Roberts wrote, "falls flat" and "reeks of afterthought", since it had not been made "in the nearly 30-year history of this litigation: not in the trial court, not in the state habeas court, and not even in the state's brief in opposition to Foster's petition for certiorari".
And in one of the highest-profile civil rights cases ever in a trial court, Leonard Sand, a judge from the Southern District of New York, ruled about a decade later that both the housing and schools in Yonkers were intentionally segregated, and ordered construction of integrated housing in the city.
"We conclude that the appeals court's opinion, when taken as a whole and when read in the light both of our prior opinion and the trial court record, rests upon analysis too much of which too closely resembles what we previously found improper," the majority said in an unsigned opinion.
In that case, the high court overturned the convictions of a Georgia sheriff and two deputies for the beating death of an African-American prisoner because the trial court erred in failing to instruct the jury they must find the defendants acted "willfully," with the purpose of violating the victim's rights.
"Today, I had the honor of meeting #RodneyReed in person and the privilege of sitting with him when he got the news that the highest court in Texas had issued a stay of execution and remanded the case back to the trial court for further consideration," Kardashian West wrote on Instagram.
The United States Court of Appeals for the Second Circuit, in New York, threw out the award, saying the trial court had lacked jurisdiction over the Palestinian groups because they did not have a substantial presence in the United States and had not set out specifically to kill and injure Americans.
A representative from the Bank of France also stated in a pre-trial court hearing that the institution might sue Pavlensky for "defamation," to which the artist responded that the Bank of France is "a symbol of the destruction of all revolutionary initiatives, which financed the destruction of 27,210 people," according to Shalygina.
In a unanimous decision on Thursday, a three-judge panel of the Court of Appeals of Arizona, Division 1, partially remanded the case to the trial court, saying Raymond and Joanne Conklin, the couple who brought the lawsuit, can pursue failure to warn, loss of consortium and punitive damage claims under state law.
"The parole board doesn't have the same evidentiary requirements as a criminal trial court, so if they were to determine that knife was connected to him in any way, that could be used against him in a parole board hearing and utilized by the state to argue for denial of parole," Jackson says.
The company filed a "petition for certiorari with injunction to assail the suspension order" jointly issued by the Mines and Geosciences Bureau, Environmental Management Bureau and the Department of Environment and Natural Resources regional offices with a regional trial court in Pampanga province, said Anna Montes, spokeswoman for parent firm Benguet Corp.
"The truth of the matter is that, under the press of business, when a judge in a busy trial court is presented with a consent order from parties resolving a matter, that order may be entered and perhaps not looked at as closely in terms of the effect on access," Story said.
The state also wanted to confiscate his $42,000 Land Rover, which they said he used to transport drugs, but a trial court ruled that since the car was worth more than four times the maximum fine for Timbs' crime, seizing it would violate the part of the Eighth Amendment that bans excessive fines.
"The trial court improperly denied the defendant's request to instruct the jury that the defendant could not be held liable for negligence unless the plaintiff proved that the defendant's conduct created or increased the risk that the plaintiff would be harmed," Chief Justice Chase Rogers wrote in the majority opinion overturning the $12 million verdict.
The case's importance is reflected in the nearly 50 "friend of the court" briefs filed at the high court, most on the side of the challengers, including from a group of former US trial court judges who warn, perhaps with an eye to Roberts, that the integrity of the judiciary hangs in the balance.
The Texas Court of Criminal Appeals stayed the execution and sent the case back to trial court, ruling that Reed's lawyers had met legal requirements for a re-examination by a lower court on whether or not prosecutors presented false testimony, suppressed evidence and on Reed's assertion that he is innocent, according to the ruling.
A trial court judge could move to release Owen Labrie – the former student at New Hampshire's elite St. Paul's School convicted of a series of crimes including misdemeanor sexual assault of a 15-year-old female student – from jail while he awaits a decision on an appeal he's filed, requesting a new trial, PEOPLE confirms.
Lamontagne told police that he sold Girouard around a kilogram of cocaine between 1987 and 1991, with the video he provided allegedly depicting another transaction that took place just 13 days before Girouard was appointed to the Superior Court of Quebec, the highest trial court in the province — which frequently deals with drug offences.
Following the analysis in a 2003 trial court order in In re Portal Software, in which a San Francisco federal judge denied a motion to add a new lead plaintiff to a securities class action, Judge Seeborg said there's no need to relaunch the selection process because a previously-rejected candidate has stepped up.
Also on Friday, a federal trial court in Riverside, California, blocked the ban while the case proceeds, making it the fourth to do so, after similar rulings in Baltimore, Seattle and Washington, D.C. U.S. District Judge Jesus Bernal said without the injunction the plaintiffs, including current and aspiring service members, would suffer irreparable harm.
In July 2017, the trial court judge, Robert W. Titus of the District of Maryland, held that it was the military's decision to dispose of solid waste in burn pits, not KBR's, and that federal courts have no power to second-guess the executive branch's wartime decisions, a precedent known as the political-question doctrine.
WASHINGTON — The Supreme Court passed up an opportunity on Monday to take another look at whether the Constitution bars extreme partisan gerrymandering, returning a case from North Carolina to a trial court there for a further examination of whether the challengers had suffered the sort of direct injury that would give them standing to sue.
A unanimous three-judge North Carolina state trial court, comprised of two Democrats and one Republican, did exactly that, invoking the state constitution's protection for "free" elections to strike down a map that kept Republicans in control of the state legislature even after they fell out of favor with the majority of the state's voters.
"[T]he Court notes that Defendants' portrayal of their situation as an emergency is belied by their litigation tactics," Kollar-Kotelly wrote, noting that the federal government waited three weeks to appeal the injunction and another two weeks to file the request before the trial court for a partial stay of the injunction in order to delay the Jan.
Last year, Terry Mitchell sued Richard Roberts — then the chief judge of the federal trial court in Washington, DC — accusing him of taking advantage of her age and repeatedly forcing her to have sex with him in 1981, when he was a 27-year-old prosecutor and she was a 16-year-old witness in one of his cases.
" Justice Thomas's opinion combed through pieces of the record that the chief justice's opinion hadn't mentioned, and concluded: "It was the trial court that observed the veniremen [the potential jurors] firsthand and heard them answer the prosecution's questions, and its evaluation of the prosecution's credibility on this point is certainly far better than this court's nearly 30 years later.
"Today, I had the honor of meeting #RodneyReed in person and the privilege of sitting with him when he got the news that the highest court in Texas had issued a stay of execution and remanded the case back to the trial court for further consideration," the Keeping Up with the Kardashians star wrote on Twitter Friday.
"Today, I had the honor of meeting #RodneyReed in person and the privilege of sitting with him when he got the news that the highest court in Texas had issued a stay of execution and remanded the case back to the trial court for further consideration," Kardashian West wrote on Instagram Friday, sharing a photo of Reed.
And can you imagine that we are putting judges on the bench — not just on the Supreme Court, but on the trial court benches, on the courts of appeal benches — who may in fact have complaints against them, but where people are not able to come forward because they don't have a system to come forward in.
In a 1993 case involving the impeachment of Walter Nixon, a federal trial court judge, for perjury and corruption, the Supreme Court held that because the Constitution vests the Senate with the "sole power" to try impeachments, it would not be appropriate for the federal courts to review at all the Senate's exercise of this authority.
"Evans' history of striking black panelists in the Flowers trials -- including the most recent one -- is lengthy and stark, and his conduct before the trial court below bears numerous hallmarks of a prosecutor still bent on seating as few black jurors as possible," Flowers' lawyer, Sheri Lynn Johnson of Cornell Law School, wrote in court briefs.
What happened this month is that Washington and Minnesota won a nationwide temporary restraining order (TRO) from the federal trial court, staying enforcement of President Trump's executive order banning persons from seven predominantly Muslim countries from entering the U.S. Trump appealed to the circuit court to lift the TRO, tweeting along the way about the "so-called [district] judge" who issued the stay.
The following year, after the trial court re-approved the settlement, CCAF returned to the 8th Circuit to argue, among other things, that the settlement should not have been approved because of a conflict between class members from states with high statutory damages and those who were not entitled to significant recovery – precisely the argument CCAF is asserting in Equifax.
While Blankenship has argued on numerous grounds that his conviction was not proper, his appeal to the nation's highest court rests on two arguments: the trial court incorrectly let the jury convict him for a "willful" violation of the law without proving that he knew his actions were illegal, and his attorneys were improperly blocked from cross-examining a witness.

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