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On Nov. 15, the state filed its motion to stay the district judge’s injunction pending appeal. On Nov. 19, the appeals court gave the plaintiffs until Nov. 27 to file briefs responding to ...
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
The bond required to obtain a stay of execution of a judgment while the judgment is being appealed is a supersedeas bond, also referred to as an appeal bond." [9] In Texas, the amount of a supersedeas bond (referred to as "security for judgments pending appeal" in the Texas Civil Practice and Remedies Code) is determined as follows: [10]
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
“In sum, the record is teeming with issues for appeal,” Holmes' lawyers said in the document, noting that if the 9th Circuit Court of Appeals agrees with any of Holmes' appellate arguments, a ...
A prosecutor from the U.S. attorney's office for Washington, D.C., which sought to lift a stay of Bannon's sentence pending appeal, did not immediately respond to a request for comment Tuesday night.
In the United States, all death sentences are automatically stayed pending a direct review by an appeals court. If the death sentence is found to be legally sound, the stay is lifted. One example of a stay of execution in the death penalty context was the James Autry case. Autry was already strapped down to the execution table in Texas on 4 ...
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision to decline to stay a civil case, on a decision granting the government’s motion to disqualify an ...
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