News:Keep up to date on rule changes and important decisions that affect the appellate process. You will also find news about comings and goings on the courts and activities of the Appellate Counsellor. Tips:Learn about the ins and outs of the appellate process in state and federal court. Wh...
In upholding the trial court's decision that Ms Bongiovanni violated her probation, California's Second District Court of Appeal wrote, "Appellant's argument that a jury vote of of 10-2 for acquittal supports her credibility is not persuasive because the fact finder in the probation violation he...
Asked what he was proudest of, he answered, “Being able to get up in the morning.” He wrapped up by saying how much he loved his work. His delight was palpable. “I’m glad I was rejected for Chief Judge of the NY Court of Appeals,” he said. “I would have had to retire a...
By focusing on the phrase "relating to the regulation" to the exclusion of the language preempting "all local laws and ordinances," the Court perplexingly ignored the actual OGSML regulations and elected to look to an online dictionary to define the term "regulation" in order to narrowly const...
The function of the appellate court is limited to a review of the trial record sent up from the lower court and the briefs filed by the appellant and appellee. Amicus Curiae briefs, if permitted by the appellate court, also become part of the record on appeal. The trial record, sometimes...
District Court for the Eastern District of Pennsylvania Former Justice, Pennsylvania Supreme Court Featured Article: Should PA. Amend Its Constitution to Elect Appellate Judges by Region? Written By: Virginia McMichaelKeep up-to-date with the latest in PA appellate court cases and news. Sign Up...
Yes, the raw number of dismissals is down, but look at that percentage! The Supreme Court is far more likely to dunk a given appeal now than it was in VANA’s infancy. For every eight petitions that SCV Clerk Muriel Pitney’s staff logs in, the justices summarily swat aside three, mo...
Arecent California appellate court decision, Balsom v. Trancos, has serious implications for companies - and their service providers - using commercial E-mail to market products and services. The ruling requires that commercial E-mails sent from or received in California must contain in the "from...
The appellate courts will not look at these as personal. The appellate attorney must find the issues that are the best legal issues. Personal Injury Claims –These are the most commonly reversed trial court decisions. Trial attorneys are often very effective in evoking an emotional response from ...
Great lawyers made those arguments and the United States Supreme Court agreed that this unenumerated substantive right was encompassed within the “liberty” protected by the Fourteenth Amendment. Additionally, in National Federation of Independent Investors v. Sebelius, who would have thought that the ...