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The White House appealed to the 5th Circuit Court of Appeals, which granted the request for an expedited hearing. On July 8, 2010, a three judge panel, W. Eugene Davis , Jerry E. Smith and James L. Dennis , denied the government's emergency request to stay the lower court's decision pending appeal.
Occasionally a DCA will hold an en banc hearing, in which all the judges participate. The decisions of the district courts of appeal represent the law of Florida unless and until they are overruled by the Florida Supreme Court. [7] Thus, in the absence of interdistrict conflict, district court decisions bind all Florida trial courts. [8]
A criminal defendant cannot simply fire a court-appointed attorney. The trial judge has discretion whether or not to appoint new counsel on request of the defendant. A Marsden motion is a unique means by which a criminal defendant can communicate with the court. A criminal defendant who is represented by counsel can only communicate with the ...
Rendition can also be seen as the act of handing over, after the request for extradition has taken place. Rendition can also mean the act of rendering, i.e. delivering, a judicial decision, or of explaining a series of events, as a defendant or witness.
Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."
The court, divided 6-3, with three conservatives dissenting, turned away an emergency request from Florida officials after lower courts blocked the law statewide. The majority did not explain its ...
Seeking to turn legal problems into political gain, former President Donald Trump arrived Monday to a crowd of supporters at a federal courthouse in Florida for a closed hearing in the criminal ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...