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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 ...
A grant, vacate, remand (GVR) is a type of order issued by the Supreme Court of the United States in which the Court simultaneously grants a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings.
It may, in addition, send the case back ("remand" or "remit") to the lower court for further proceedings to remedy the defect. In some cases, an appellate court may review a lower court decision "de novo" (or completely), challenging even the lower court's findings of fact.
As generally used, "law of the case" states that, if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. [3]
With this holding pronounced, the Court remanded the case for further proceedings regarding whether Thompson had been "seized" under the Fourth Amendment, whether the officers had probable cause to enter Thompson's home without a warrant, and whether any of the officers were entitled to qualified immunity. [4]
Justice Elena Kagan voted to deny the stay as well, but did not explain her decision. [16] [17] On September 16, 2022, a panel of the Fifth Circuit ruled that the district court erred in issuing its injunction, saying that "[the platforms'] censorship is not speech", and remanded the case to the district court for further proceedings. [18]
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.
Based on these reasons, the U.S. Supreme Court reversed the North Carolina Supreme Court and remanded for further proceedings. The North Carolina Supreme Court on remand then determined that J. D. B. was in custody, and remanded for further proceedings.