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It is a writ that sends a case from an appellate court to a lower court with an order to proceed to judgment. The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be. [1]
The decision said that Florida's failure to appoint such counsel in Gideon's case constituted a violation of that right and required states to provide counsel free of charge to indigent defendants in all criminal cases in the future. [81] James Blumstein represented himself before the U.S. Supreme Court in 1971. Blumstein had recently moved to ...
"After consultation with ABC, our board, and other key stakeholders in the Los Angeles and film communities, we have made the carefully considered decision to proceed with the 97th Oscars ceremony ...
If the appellate court finds no defect, it "affirms" the judgment. If the appellate court does find a legal defect in the decision "below" (i.e., in the lower court), it may "modify" the ruling to correct the defect, or it may nullify ("reverse" or "vacate") the whole decision or any part of it.
Generally, motions to proceed are debatable and can be filibustered. However, on March 5, 1980, the Senate voted 38–54 against sustaining a decision of the chair and thus set a precedent that a nondebatable motion to proceed to executive session to consider a specific nomination (or treaty) is in order.
The U.S. Supreme Court on Monday rejected a request by oil companies to dismiss a lawsuit by the city of Honolulu seeking to hold them responsible for the impacts of climate change. The defendants ...
In Scotland, a preliminary hearing is a non-evidential pre-trial diet in cases to be tried before the High Court of Justiciary, conducted to enable the court to determine whether both parties, the prosecution and the defence, are ready to proceed to trial. The hearing may also address ancillary procedural matters.
The announcement, coupled with Biden’s decision last month to commute the sentences of about 1,500 people put on home confinement during the Covid pandemic, means the Democrat has issued the ...