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A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1]
A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may remand the case to state court.
Illinois law gave every person convicted in a criminal trial a right of review by writ of error, but it was necessary for the defendant to furnish the appellate court with a bill of exceptions or report of proceedings at the trial certified by the trial judge, and it was sometimes impossible to prepare such documents without a stenographic ...
The Supreme Court of Virginia has stated that '"This Court has repeatedly held that the effect of an appeal to circuit court is to "annul the judgment of the inferior tribunal as completely as if there had been no previous trial."' [14] The only exception to this is that if a defendant appeals a conviction for a crime having multiple levels of ...
Now that system is fundamentally threatened by a recent New York court case that could be heard by the Supreme Court. Earlier this year, New York’s Court of Appeals (the state’s highest court ...
Illinois, 484 U.S. 400 (1988), is a United States Supreme Court decision in which the Court held that defense witnesses can be prevented from testifying under certain circumstances, even if that hurts the defense's case. [1]
The Illinois Digest is an indexed compilation of summaries of opinions, or digest. [1] The opinions of the Supreme Court and Appellate Court had been published in the Illinois Reports and Illinois Appellate Court Reports, respectively, from 1831 to 2011; [12] according to the University of Chicago Library, since 1819 and 1877, respectively. [1]
Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of ...
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