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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 ...
574 U.S. 1 Decided October 6, 2014. Ninth Circuit reversed and remanded. Under the Antiterrorism and Effective Death Penalty Act of 1996, if a state prisoner claims that a state court misapplied federal law, a federal court of appeals may only grant habeas relief if the state court's decision was "contrary to, or involved an unreasonable application of, clearly established Federal law, as ...
The Supreme Court of the United States handed down ten per curiam opinions during its 2010 term, which began October 4, 2010 and concluded October 1, 2011. [1]Because per curiam decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices.
565 U.S. 1 Decided October 31, 2011. Ninth Circuit reversed and remanded. The Court reversed, for the third time, a judgment of the Ninth Circuit that had set aside the conviction of a woman for the death of her infant grandson attributed to shaken baby syndrome (SBS).
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.
Court of Criminal Appeals of Texas reversed and remanded. The state court upheld a death sentence over the defendant's argument that the jury instructions prevented the full consideration of his mitigation evidence. The court found the instructions, which permitted the jury to consider mitigation only if it nullified two questions regarding the ...
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 ...
judgment reversed, and cause remanded Baldwin v. Iowa State Traveling Men's Association: 283 U.S. 522 (1931) Roberts 9-0 none none certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) judgment reversed, and cause remanded State Board of Tax Commissioners of Indiana v. Jackson: 283 U.S. 527 (1931) Roberts 5-4 none