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All parties must present grounds to appeal, or it will not be heard. By convention in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the court hierarchy. This is not always true, however.
The Supreme Court ruled that any such motion must be accompanied by a brief (commonly referred to as an Anders brief) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other ...
The Victorian Court of Appeal. When considering cases on appeal, appellate courts generally affirm, reverse, or vacate the decision of a lower court. [30] Some courts maintain a dual function, where they consider both appeals and matters of "first instance". [31]
Canterbury v. Spence, 464 F.2d. 772 (D.C. Cir. 1972): In medical malpractices cases, informed consent is required of the patient and no expert is required for the case to be heard by a jury. Acree v. Republic of Iraq, 370 F.3d 41 (D.C. Cir. 2004): Established the FSIA did not create new causes of action against foreign states.
The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
The rule is quite straightforward; its court room application is mostly exactly as stated. Motions to set aside judgment in criminal cases are rare: in U.S. jurisprudence the writ of habeas corpus is the usual method of attacking a criminal conviction after the right of appeal has been exhausted.
An attorney may also raise an objection against a judge's ruling, to preserve the right to appeal that ruling. Under certain circumstances, a court may need to hold some kind of pretrial hearing and make evidentiary rulings to resolve important issues like personal jurisdiction, or whether to impose sanctions for extreme misconduct by parties or counsel.
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. [1] Depending upon the rules of the jurisdiction and the decision of the court that ordered the new trial, a new trial may occur if: [2] [3] a jury is unable to reach a verdict (see hung ...