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A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
In light of this, on June 27, the Supreme Court granted Limon's petition, vacated the ruling of the Kansas Court of Appeals, and remanded the case for further consideration. After the Court of Appeals again upheld the law, the Kansas Supreme Court agreed to hear the case and unanimously struck down the part of the law excluding same-sex sexual ...
The Court vacated the Ninth Circuit's judgment, because the case had become moot and the lower court, therefore, lacked constitutional authority under Article III to decide the case on the merits. Justices Ginsburg, Breyer, and Sotomayor noted without separate opinion that they would remand the case to the Ninth Circuit for that court’s ...
The Supreme Court vacated this order and remanded the case for further review, finding that a burden of a retrial three decades after the crime "should not be imposed unless each ground supporting the state court decision is examined and found to be unreasonable under [the Antiterrorism and Effective Death Penalty Act of 1996]."
Lady Justice—the allegory of justice—statue at court building in Olomouc, Czech Republic. Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence.
Maryland v. Buie, 494 U.S. 325 (1990), was a decision by the Supreme Court of the United States handed down in 1990. In the case, the Court held that the Fourth Amendment permits a properly limited protective sweep in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an ...
Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), was a United States Supreme Court case involving the constitutionality of police sobriety checkpoints. The Court held 6-3 that these checkpoints met the Fourth Amendment standard of "reasonable search and seizure." However, upon remand to the Michigan Supreme Court, that court held ...
Connick v. Thompson, 563 U.S. 51 (2011), is a United States Supreme Court case in which the Court considered whether a prosecutor's office can be held liable for a single Brady violation by one of its members on the theory that the office provided inadequate training. [1]