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When the United States Supreme Court grants certiorari and reverses a decision of a state supreme court or a Federal appeals court, it may remand the case. Likewise, an appeals court may remand a case to a trial court. A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the ...
In 1996, the Supreme Court discussed the appropriateness of GVR orders and upheld their use in a per curiam opinion in the case Lawrence v. Chater. [3] An example of the Supreme Court issuing a GVR order is the case of Kansas v. Limon. Under Kansas state law, statutory rape charges involving minors were greatly reduced if both parties were ...
In nearly all of the cases heard by the Supreme Court, the Court exercises the appellate jurisdiction granted to it by Article III of the Constitution. This authority permits the Court to affirm, amend or overturn decisions made by lower courts and tribunals. Procedures for bringing cases before the Supreme Court have changed significantly over ...
Under the Supreme Court's Rules 22 and 23, requests for stay are directed to the assigned circuit justice, who can either grant, deny, or refer the request to the full court. Before 1990, the rules of the Supreme Court also stated that "a writ of injunction may be granted by any Justice in a case where it might be granted by the Court." [13 ...
The federal court has the discretion to accept the case as a whole or remand the issues of state law, however the court must apply state substantive law to state law claims, as opposed to federal law—a practice which is in-line to actions brought under 42 U.S.C. 1983.
On remand the Florida Supreme Court remanded to the Florida Fifth District Court of Appeal, which simply readopted its 2009 decision awarding Koontz money damages. [12] The ruling was unpopular with some legal academics [13] but lauded by others. [14]
The Supreme Court says they had no constitutional right to a preliminary hearing. Skip to main content. 24/7 Help. For premium support please call: 800-290-4726 more ways to reach us ...
On remand, the Supreme Court of Alabama ordered a new trial unless plaintiff accepted a remittitur of all but $50,000 of the punitive damages awarded. [3] The court reasoned that it may not have given sufficient weight to the degree of reprehensibility of BMW's conduct, and selected the $50,000 as in the range of other Alabama verdicts in cases ...