January 20, 2015
by Bradley McAllister
The US Supreme Court ruled 7-2 Tuesday that appellate review of factual matters in a patent dispute must apply the clear error standard of review, not a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the court held that the US Court of Appeals for the Federal Circuit was ...[read more]
January 14, 2015
by Julie Deisher-Edwards
The US Supreme Court ruled Wednesday that a habeas petitioner who receives a favorable ruling at the district court level does not have to take a cross-appeal or obtain a certificate of appealability to defend the judgment in his favor on appeal. In 1989 Robert Mitchell Jennings was convicted of ...[read more]
February 21, 2013
by Julia Zebley
The US Supreme Court ruled 6-3 in Henderson v. United States that an error is "plain" within the meaning of Federal Rule of Criminal Procedure 52(b) so long as the error was plain at the time of appellate review, even if that error is based on legal opinions announced since the original incident ...[read more]
November 29, 2012
by Jaimie Cremeans
The US Supreme Court heard oral arguments Wednesday in Henderson v. United States on appellate review for plain error. The question before the court was whether, under Federal Rule of Criminal Procedure 52(b), an appellate court reviewing a trial court decision for "plain error," when a matter of ...[read more]
November 24, 2009
by Matt Glenn
The Trial Chamber of International Criminal Tribunal for the former Yugoslavia (ICTY) on Monday denied a motion filed by former Bosnian Serb leader Radovan Karadzic requesting appellate review of the court's decision to assign standby counsel. Karadzic's motion argued that the court did ...[read more]
May 29, 2009
by Christian Ehret
The US Department of Justice (DOJ) Thursday requested the US Court of Appeals for the Second Circuit to recall an earlier mandate requiring the government to release photos of alleged detainee abuse. The motion asks the court to recall their April ruling because the Solicitor General has deter... ...[read more]
April 2, 2009
by Andrew Wood
Kent Scheidegger: The rule against racially discriminatory use of peremptory challenges is one of the very few constitutional rules of criminal procedure that applies equally to the defense and prosecution. See Georgia v. McCollum. So what happens on appeal when a trial judge denies a defens... ...[read more]
April 12, 2006
by James M Yoch Jr
The US Supreme Court on Wednesday approved Federal Rule of Appellate Procedure 32.1, which permits attorneys to cite unpublished opinions in the federal circuit courts. The new rule does not dictate the precedential value that circuits can assign to unpublished opinions, but attorneys will always ...[read more]
March 30, 2005
by jt
Schiavo, et al. v. Schiavo, United States Court of Appeals for the Eleventh Circuit, March 30, 2005. Excerpt:The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it ( ...[read more]
March 18, 2005
by Bernard Hibbitts
Robert and Mary Schindler v. Michael Schiavo, Emergency Stay of Enforcement of Judgment Below Pending Certiorari, filed in the Supreme Court of the United States, March 17, 2005. Excerpt:On February 25, 2005, the Probate Division of the Circuit Court of Pinellas County, Florida, entered an order ...[read more]

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