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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 ...
The defendants in the second action discovered and presented evidence of the malfeasance, and while the trial court refused dismissal on that ground, on appeal the Sixth Circuit reversed the trial court and remanded for dismissal, and the Supreme Court affirmed. [4]
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.
Remand is not required where there is nothing left to do in the case. "Generally speaking, an appellate court's judgment provides 'the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified'". [16]
Ninth Circuit reversed and remanded. The Court reversed the Ninth Circuit's judgment that police officers were not entitled to qualified immunity for entering a private home without a warrant, finding that their belief that violence was imminent, and that a warrantless entry was appropriate, was reasonable under the circumstances.
The Supreme Court remanded the case back to the Court of Appeals with instructions to use the more appropriate comparison. Further if, on remand, the Respondents did establish a prima facie disparate-impact case, the Petitioners would then need to "produce evidence of a legitimate business justification" for the hiring practices that created ...
Seventh Circuit reversed and remanded. On appeal from a conviction for conspiracy to sell narcotics, the Court of Appeals had ruled that the time limit set forth in Fed. R. Civ. P. 33 for motions for a new trial was a requirement of subject-matter jurisdiction. It accordingly allowed the government to raise the issue on appeal for the first time.
Seventh Circuit vacated and remanded. In 1997, a jury found Joseph Corcoran guilty of murdering four men and he was sentenced to death. The trial court included three factors in its justification of the sentence: the innocence of those killed, the heinousness of the crime, and his potential to commit these crimes in the future.