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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 ...
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]
Lawrence overruled the Bowers case on which the Kansas courts had relied; it held that state laws forbidding consensual sex between two people of the same sex are unconstitutional. 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 ...
Ninth Circuit reversed and remanded. The Court of Appeals had suspended habeas proceedings and ordered Arizona state courts to conduct a jury trial on the issue of whether the petitioner was mentally retarded and therefore could not be executed under the Supreme Court's ruling in Atkins v. Virginia, 536 U.S. 304 (2002).
The Supreme Court reversed the Ninth Circuit Court's decision, noting that "On federal habeas review, AEDPA 'imposes a highly deferential standard for evaluating state-court rulings' and 'demands that state-court decisions be given the benefit of the doubt.'" Moreover, "The state appellate court’s decision was plainly not unreasonable.
The Minnesota Supreme Court on Wednesday reversed the murder and kidnapping convictions of a former probation officer who was sentenced to life without parole for her role in the death of a ...
District Court for the Southern District of West Virginia reversed and remanded. The Court ruled that the federal district court gave the state insufficient deference to its political judgment when it invalidated a legislative redistricting map as contrary to the constitutional principle of "one person, one vote."
A western Illinois judge could face removal from office after a judicial oversight body considered allegations this week that he circumvented the law when he decided to reverse a rape conviction.