This Article proposes a two-tiered system of review to remedy the harm caused by erroneous disclosure orders without stretching the current system of interlocutory review so far that the benefits of the final judgment rule vanish. The Article recommends that review begin in the district court with...
The basis for the decision was a statute limiting the appellate jurisdiction of the supreme court to the review of a "judgment rendered or final order." "Final order" is defined by statute as one which " . . . in effect determines the action and prevents a judgment." The same rule ...
DESCRIPTION: AFFIDAVIT FILED OF:; NOTES: CLERK'S AFFIDAVIT: I, JENNIFER ERSKINE, DO HEREBY DECLARE THAT THE ORANGE COUNTY SUPERIOR COURT, CRIMINAL APPEALS UNIT, RECEIVED AND FILED APPELLATE COUNSEL'S CORRESPONDENCE IN RE: NOTIFICATION OF MISSING PART OF RECORD (RULE 8.340(B)) ON NOVEMBER 6, ...
Furthermore, the Court finds that the sentence imposed was not excessive. The defendant was sentenced to the maximum term allowed under the law for his crimes, but the court took into consideration the defendant’s prior criminal history and the severity of the crime in determining the sentence....
A final judgment or order must have been reached by the trial court in order for a case to be appealable. A judgment is considered final for purposes of appeal when it ends the action in the court in which it was brought and nothing more is to be decided. This rule is intended to ...
Absent an application for reconsideration or a motion for en banc review in the lower court, a notice of appeal and a memorandum in support of jurisdiction must be filed within 45 days of the judgment being appealed. Under Rule 7.02(E), the Clerk of the Supreme Court is under instructions...
The appellate court may hear oral arguments from each side. These arguments, which usually last 10 to 15 minutes for each side, are intended to help the court understand the issues and to persuade the court to rule in favor of the arguing party. During the arguments, the appellate judge or...
De-Clawing Katz: Emerging Technology and the Exclusionary Rule In United States v. Stephens, the Fourth Circuit Court of Appeals considered whether the exclusionary rule applied to evidence obtained from an illegal sea... SC Cole - 《Smu Science & Technology Law Review》...
First year law students are introduced to the IRAC (Issue-Rule-Application-Conclusion) paradigm as a useful tool for applying legal rules to a set of facts.[113] For a given case, the Issue is the legal issue in the case; the Rule is the rule formulated by the court in the case; th...
In Adkins's case summary on appeal before this court, he indicated that the judgment being appealed was final as to all parties. That is simply not the case, however, inasmuch as Saunders's counterclaim for defamation is still pending before the trial court. Indeed, the CCS indicates that ...