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Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law "by leave" from the trial court or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally. [3] All parties must present grounds to appeal, or it will not be heard.
The Oregon Court of Appeals noted an anomaly with the Anders decision: if counsel raises no grounds for appeal, then the court must review the entire record to determine if a ground for appeal may exist, but if counsel raises any ground (even only one), then the court is only required to review that portion of the record pertaining to the ...
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [2]
American English and British English have diverged significantly on the topic of appellate terminology. [3] American cases go up "on appeal" and one "appeals from" (intransitive) or "appeals" an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. [3]
Federal court judges on Tuesday raised several questions about the case, including whether it was dismissed on proper grounds for appeal, whether that court had jurisdiction over its appeal and if ...
Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court ...
The Shelby County District Attorney's office said Thursday that it had filed another emergency appeal after disagreements over a General Sessions Court judge's decision to release a defendant on ...
The judge has 90 days after more paperwork is filed in September to determine whether to grant a new trial. Here’s what happened at Scott Peterson’s latest hearing on his appeal for a retrial ...