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In light of this, on June 27, the Supreme Court granted Limon's petition, vacated the ruling of the Kansas Court of Appeals, and remanded the case for further consideration. After the Court of Appeals again upheld the law, the Kansas Supreme Court agreed to hear the case and unanimously struck down the part of the law excluding same-sex sexual ...
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 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]
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.
This especially refers to stays and injunctions (preliminary relief), but also includes summary decisions and grant, vacate, remand (GVR) orders. The phrase "shadow docket" was first used in this context in 2015 by University of Chicago Law professor William Baude. The shadow docket is a break from ordinary procedure. Such cases receive very ...
One paragraph. The Court initially granted review of only Question 1 of the cert petition. After hearing arguments, the Court dismissed as improvidently granted, but simultaneously issued a grant, vacate, remand of the entire cert petition in light of Anza v. Ideal Steel Supply Corp., which had been decided the same day. Maryland v. Blake
Remand may refer to: Remand (court procedure) , when an appellate court sends a case back to the trial court or lower appellate court Pre-trial detention , detention of a suspect prior to a trial, conviction, or sentencing
The District Court granted Great Lakes' motion for judgment on the pleadings, stating that a state's public policy cannot override the "presumptive validity" of maritime choice-of-law principles. The United States Court of Appeals for the Third Circuit vacated and remanded the judgment of the lower court. While it agreed that the choice-of-law ...