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10

You file an appeal. In federal courts, the procedure is governed by the Federal Rules of Appellate Procedure, and the process begins with filing a notice of appeal under Rule 4. The process is fairly similar in all the state courts, as far as I know. If you've identified a problem with a ruling other than the final decision of your case, you could also file ...


6

Only if counsel challenged the point during the trial Difficult as it might be, you can’t allow the judge to be wrong during the trial without calling them on it: very, very politely. For example, there is case law that says you can’t successfully appeal because the judge was asleep through significant parts of the trial; appeals courts are clear that you ...


5

No. A federal court may not vacate the conviction which the state court declined to vacate under these circumstances. On March 22, 2009, a jury found Luis Villavicencio‐Serna guilty of first‐degree murder of Armando Huerta Jr. Scant physical evidence linked him to the charge. The conviction instead was largely based on testimony from three of his friends, ...


4

Assuming you have a right of interlocutory appeal at all -- you usually don't -- you would file the appeal in the Courts of Appeal for whichever district. There are some types of cases that can be appealled directly to the California Supreme Court, or where you could petition the federal courts for an order to vacate the trial court's ruling, but these would ...


4

If you win a family court appeal in MS can you request another judge? You can always file a motion to recuse, perhaps with a rehearing with the chief judge afterwards. Without knowing the details of the reversal on appeal, though, it is impossible to identify whether the appellate opinion or the record of the case endorses/supports a finding of bias or ...


4

The first venue for an appeal from the Mental Health Tribunal is the Upper Tribunal in the Administrative Court.


4

The appellate court gets the trial transcript which includes all the testimony (and exhibits or descriptions/photos of them) and the trial court's rulings. Also, each side presents an appeal brief, which will generally include a statement of facts, pointing out ones it thinks favorable to its views. In civil cases a jury may be asked/instructed to give yes/...


4

In the United States, a contempt finding can be wiped out by: The judge who issued it. United States v. Jerry, 487 F.2d 600, 605 (3d Cir. 1973) (“[S]o long as the district court has jurisdiction over the case, it possesses inherent power over interlocutory orders, and can reconsider them when it is consonant with justice to do so.”) An appellate court with ...


3

You have asked two quite different questions there. I’ll address the second part first (where Rob argues for the decision in Bob’s favour to be overturned in his response to Bob's appeal), because it’s easier. For both parties to partially succeed at trial, and both parties to contend on appeal that they should have been wholly successful, is not that ...


3

You have to serve the defendant Unless and until you do, you aren’t going to court. If you can’t find the defendant, you can’t sue the defendant. Rules of service vary by jurisdiction but under the Uniform Civil Procedure Rules (UCPR) implemented in all jurisdictions in australia they are (for an individual): hand it to the defendant leave it in the ...


3

In the case of Powell v. Alabama, 287 U.S. 45 (1932) the hostility of the populace to the defendants was mentioned as increasing the case for overturning the verdict, but the main reason was the failure to supply counsel for the defendants, and the resulting lack of a fair trial. The LII page on "Impartial Jury" says: It is undeniably a violation ...


3

When the accused has not received a fair trial or due process The right to a fair trial is guaranteed by the sixth amendment. The right to due process is guaranteed by the fourteenth. Justice Clark said in Sheppard v Maxwell, 384 U.S. 333 (1966): This federal habeas corpus application involves the question whether Sheppard was deprived of a fair trial in ...


2

Generally there is a time limit, but what the limit is depends on ther kind of case that it is, and on the process by which they case is being brought. When a direct appeal from a lower court to a higher court is made, the rules of procedure for that court generally specify a time within which the appeal must be filed, and failure to meet such a deadline can ...


2

Interlocutory appeals are very rarely permitted at all. The advisability of even considering bringing one depends on the nature of the issue involved. Appeals From State Courts To The Federal Courts Are Not Permitted You can never file an appeal interlocutory or otherwise from a state court to the United States District Court for the [geographic jurisdiction]...


2

The standard depends upon the way that the challenge is framed procedurally. For example, State of Kansas v. Ryan Robert Johnson, 450 P.3d 790 (Kan. 2019) treats this as a question of fact with respect to a sufficiency of the evidence argument on appeal, but analyzes a facial attack on one of the alternative grounds upon which criminal sanctions may be ...


2

On January 15, 1780, the Continental Congress resolved to establish "for the trial of all appeals from the courts of admiralty in these United States, in cases of capture", then a few lines later resolved "defraying the expence of said court of Appeals", and resolved actions "to carry into full and speedy execution the final decrees ...


2

Additional Conditions For Successful Appeals An erroneous conclusion of law is a starting point. And, usually at least one of the lawyers for the defendant, often a "second chair" junior lawyer when there is more than one lawyer, keeps of running list of potential appellate issues during the course of a criminal case and trial, to review in the ...


2

To reframe the question, what you are really asking is what evidence considered by a trial court is sufficient to support its custody decision on appeal. Courts have broad discretion to enter custody orders that do not hinge on a formal diagnosis of any particular mental health conditions, and their decisions are reviewed on appeal for abuse of discretion. ...


2

If a defendant refuses to be served, can the plaintiff file a motion (?) so that the defendant loses their rights to make an appeal of the judgment? The question doesn't specify a jurisdiction. This answer would be true in U.S. law, and under the law of most common law jurisdictions, although, obviously, the Colorado specific details I provide by way of ...


2

The defendant’s problem is that you cannot just “refuse” to be served. You take your paperwork to the defendant’s home, turn on your phone camera, ring the doorbell, defendant opens. You try to hand over the papers, he refuses to take it. You say that you have court papers, he closes the door on you, you say”I’ll leave these papers on your door step”, and ...


2

can the plaintiff file a motion (?) so that the defendant loses their rights to make an appeal of the judgment? There is no such motion. If the defendant does not appear in court whatsoever, he actually is precluding himself from presenting his arguments in an appellate (aka reviewing) court. In an appellate court parties can present only the arguments they ...


2

In England and Wales, where you have to seek permission from the lower court (which is the normal situation as you describe) it would almost always be the judge who made the decision who decides whether or not to give permission. In many cases judges do give permission to appeal from their own decisions. This is particularly likely where the decision was a ...


2

Turning a comment into an answer (on mobile at the moment, so citations will be added later). Are you conflating the prosecution with the attorney general? Cases are prosecuted by the Crown Prosecution Service, which the AG oversees but does not direct (the Director of Public Prosecutions does that, but they are appointed by the AG). The CPS cannot ...


1

In a direct appeal in the U.S. to an intermediate court of appeal, or an appeal of right to a supreme court, the court doesn't decide which issues are being considered. Appellate procedure calls for a court to only consider challenges to the judgment below raised by the party that appeals in both the trial court and appellate court. But, the court can affirm ...


1

Yes For example, s51.52 of the new-south-wales Uniform Civil Procedure Rules 2005 explicitly gives this power to the court. (1)  The Court may exercise its powers under the Civil Procedure Act 2005, the Supreme Court Act 1970 and these rules even if— (a)  there is no appeal from some part of the decision below, or (b)  a party to the proceedings below has ...


1

Being able to appeal against unduly lenient sentences is a relatively recent development in English law, dating from the 1988 Criminal Justice Act. Before then there was no possibility of an appeal. As the passage you quoted said, on occasion unduly lenient sentences were given and had to stand. The introduction of the ability to appeal an unduly lenient ...


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