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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.
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 vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. 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.
Vacated: Where the reviewing court overturns the lower courts' ruling(s) as invalid, without necessarily disagreeing with it/them, e.g. because the case was decided on the basis of a legal principle that no longer applies. Remanded: Where the reviewing court sends the case back to the lower court.
On remand, the Seventh Circuit now granted habeas relief to Corcoran, indicating that the state courts should reconsider its sentence in order to comply with state law. The Supreme Court vacated the Seventh Circuit's ruling. The Court ruled that Federal courts may only grant a writ of habeas corpus if a violation of federal law is found.
568 U.S. 1 Decided November 5, 2012. Fourth Circuit vacated and remanded. The Supreme Court vacated a Fourth Circuit ruling that a civil rights plaintiff who had been awarded an injunction, but not monetary damages, was not entitled to attorney's fees as a "prevailing plaintiff" under 42 U.S.C. §1988. The Court ruled that the plaintiff was indeed a "prevailing plaintiff" within the meaning of ...
The family of Alexander McClay Williams, a Black teen who was executed in Pennsylvania after being convicted of murder in 1931, have filed a lawsuit nearly 100 years after his death.
Third Circuit vacated and remanded. Convicted in 1984 and sentenced to death for a robbery, James Lambert filed for habeas corpus due to the discovery of unreleased evidence that the prosecution had failed to disclose to the defense in violation of the decision in Betts v. Brady. A federal appeals court agreed, vacated Lambert's conviction and ...