Generally, there is no trial in an appellate court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed — unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in " very " rare instances, for example if that material evidence was unavailable to a party for some very significant reason such as prosecutorial misconduct.

In rare circumstances, a court of appeal might also substitute a conviction for an acquittal.

Such appeals are rare: the first appeal from the FISC to the Court of Review was made in 2002, 24 years after the founding of the FISC.

Although its FPU performance fit scientific users quite well, its limited integer performance and high cost dampened appeal for most users, and the R8000 was in the marketplace for only a year and remains fairly rare.

In common law systems, one feature that distinguishes an appellate proceeding from a trial de novo is that new evidence may not ordinarily be presented in an appeal, though there are rare instances when it may be allowed — usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court.

While rare, federal reprosecution of a crime tried in state court that produced an acquittal can be the functional equivalent of a trial de novo appeal of a state court prosecution, and vice versa.

A newspaper in Fort Wayne, Indiana praised the film for its " rare quality of charm and a warmth of appeal that is truly unique " and concluded: " Here is a story beautiful and exquisite in theme ... Its simplicity and utter humanness have an appeal that reaches straight to the heart of the onlooker.

Its rare ring of 4 bells was augmented to six following an appeal in the late 1980s.

Motions to set aside judgment in criminal cases are rare: in U. S. jurisprudence the writ of habeas corpus is the usual method of attacking a criminal conviction after the right of appeal has been exhausted.

She was signed by Capitol records in the late 1970s and in an attempt to broaden her appeal she cut the album Life, Love and Harmony, an album of soulful, funky dance cuts that included the track " Sunshine ", which was to become one of her most sought-after recordings ( albeit among supporters of the rare soul scene with whom she would not usually register ).

Shortening also required no refrigeration, which further lowered its costs and increased its appeal in a time when refrigerators were rare.

For the largest percentage of trunks, an increase in monetary value is bestowed upon those with visual appeal, exceptional condition, unique attributes such as rare design, or are from a maker whose works are collected.

It was a court of last resort for the Virginia colonists except in those rare circumstances when an appeal could be made to the King in England.

Usually, three justices must concur before an appeal is denied ( in rare cases, two justices may consider a case for which there has been no oral argument to the Court or which is being dismissed for procedural reasons ).

Litton would appeal and, in a rare reversal, the FTC issued a ruling in April 1975 stating that Litton could keep Triumph Adler.

After Spears recorded an unused song from Toni Braxton and sent it through Larry Rudolph to several labels, executives from Jive Records commented that it was very rare to hear someone so young who can deliver emotional content and commercial appeal, appointing the singer to work with producer Eric Foster White.

Senior vice president of A & R Jeff Fenster stated about Spears's audition that " It's very rare to hear someone that age who can deliver emotional content and commercial appeal.

The message of the organization had a rare appeal to both conservatives and liberals.

The result is a complex summer blockbuster with brains and heart, a book with rare — and potentially enormous — appeal.

To appeal a governor's decision necessitated travelling to Rome and presenting one's case before either the Praetor Urbanus, or even the Emperor himself, an expensive, and thus rare, process.

He was convicted on 22 June 1947, but nine counts were overturned on appeal, while the Supreme Court split 4-4 on a rare rehearing of the last two charges.

They've got a big vulture from Tanganika at the zoo here, with a wife for him, too, very rare birds, both of them, the only Vulturidae of their species outside Africa.

In the rare case where a corporation's only substantial asset, or its most important one, is a claim for refund, perhaps its transfer should not be permitted, whether the reorganization takes the form of a statutory merger or of the acquisition of assets for stock.

She was still in the play for pay business when she died, a top trollop who had given the world's oldest profession one of its rare flashes of glamour.

In 1890 when the trip to Europe and the Holy Land was arranged for Miss Packard, it was Miss Upton who planned the trip, and `` with rare executive ability '' bore the brunt of `` the entire pilgrimage from beginning to end ''.

For that matter, Stan Musial is rare, possessing the disposition that enabled him to put out the same for seven managers, reserving his opinions, but not his effort.

German uses the tesseragraphs ( four letters ) " tsch " for the phoneme and " dsch " for, although the latter is rare.

However, for most alloys there is a particular proportion of constituents ( in rare cases two )— the eutectic mixture — which gives the alloy a unique melting point.

Meteoric iron was very rare and valuable, and difficult for ancient people to work.

The ability to modify the hardness of steel by heat treatment had been known since 1100 BC, and the rare material was valued for use in tool and weapon making.

Other examples of his readiness for both warlike and unwarlike subjects are lyrics celebrating his brother's heroic exploits as a Babylonian mercenary and lyrics sung in a rare meter ( Sapphic Ionic in minore ) in the voice of a distressed girl, " Wretched me, who share in all ills!

It should also be pointed out that in LS AAS there is no way to correct for ( the rare case of ) a direct overlap of two atomic lines.

Most of the Native elders speak it, it is very rare for an everyday person to speak the language fluently.

Throwing a no-hitter is rare and considered an extraordinary accomplishment for a pitcher or pitching staff.

In more recent years, pure steals of home are rare, although a player may steal home plate during a " delayed double steal ," in which a runner on first attempts to steal second, while the runner on third breaks for home as soon as the catcher throws to second base.

In settling the American west it was generally faster to navigate down River from Brownsville, Pennsylvania, to the Ohio River confluence with the Mississippi and then pole up river against the current to St Louis than to travel overland on the rare primitive dirt roads for many decades after the American revolution.

Blizzards can bring near-whiteout conditions, and can paralyze regions for days at a time, particularly where snowfall is unusual or rare.

An immigrant from Ukraine, Marie Selig attended college, a rare accomplishment for a woman in the early 20th century, and became a school teacher.

By the mid 20th century, with the growing market for rare coins, the Sheldon system was adopted by the American Numismatic Association and most coin professionals in the North America.

The 21 consonant letters in the English alphabet are B, C, D, F, G, H, J, K, L, M, N, P, Q, R, S, T, V, X, Z, and usually W and Y: The letter Y stands for the consonant in " yoke ", the vowel in " myth " and the vowel in " funny ", and " yummy " for both consonant and vowel, for examples ; W almost always represents a consonant except in rare words ( mostly loanwords from Welsh ) like " crwth " " cwm ".

On rare occasion, too many of the bank's customers will withdraw their savings and the bank will need help from another institution to continue operating ; this called a bank run.

The abundances of the Lanthanide or rare earth elements ( REE ) can be a useful diagnostic tool to help explain the history of mineral crystallisation as the melt cooled.

With her help, various rare documents regarding the Egyptian Revolution of 1952 and her father's career have been gathered, documented and displayed at the Bibliotheca Alexandrina as well as on the internet.

High water levels help create and maintain silver maple swamps, while low water periods allow many rare wetland plants to grow on the emerged sand and clay flats.

Expert coaching: which occurs on the rare occasions when group members feels they need help with task or interpersonal issues.

In solo / cutthroat spades, successful Nil bids are rare since there is no partner to help by taking the bidder's higher cards.

Following these guidelines can help to protect a woman from TSS, and cases of tampon connected TSS are extremely rare in the United States.

: There are several subtypes of God-Blooded: God-Blooded are the children of gods, Elemental-Blooded are the children of elementals, Demon-Blooded are the offspring of demons, Ghost-Blooded are the children of ghosts using powerful Charms to help them reproduce with mortals, and Half-Caste are the children of powerful Exalts ( although exceedingly rare ).

At the entrance of Insect Museum, representative fossils ranging from the paleozoic era to the Cenozoic era were restored to help appreciate the ancient mystery of the nature, and specimens of 13, 500 rare insects of 2, 000 species including fireflies are exhibited in the Insect Hall and 150 tropical plants are on display in Botanical Hall.

Automated identification systems could potentially help findings of rare and hidden populations.

The bushcrow occasionally has a third bird, or in rare cases two to four more, help the breeding couple both build the nest and care for the young.

Managers will be able to selectively breed to help preserve the unique and rare gene variants.

Later that year, Andersen returned to the NFL, re-signing with the Atlanta Falcons ; Andersen was brought in to help Michael Koenen, who was at the time performing double duty as punter and kicker ( an extremely rare occurrence in the NFL ) missing several field goals in that capacity, and Koenen reverted to strictly punting after Andersen's signing.

Sādhanā can involve meditation, chanting of mantra ( sometimes with the help of a japa mala ), puja to a deity, yajna, and in very rare cases mortification of the flesh or tantric practices such as performing one's particular sādhanā within a cremation ground.

The frenzied courtship activity had led to speculation that the female mates promiscuously to recruit males to help care for the young, however recent genetic testing shows that 96. 5 % of Noisy Miner broods result from monogamous mating and that multiple paternity is rare.

Gon, Killua, and Leorio try different methods to make enough money to buy Greed Island, an extremely rare and expensive video game with Nen-like properties that may help Gon locate his father.

And it ’ s just good to have people who believe in you and playing for a couple of years it ’ s very rare that anyone comes along and wants to help you without wanting to take your money straight away and all that kind of thing.

In some rare occasions in the game the hunter will try to help the hunted by leading them to a hiding place, or tricking them into a group of hunters who will catch the hunted.

With the help of former heiress Nancy Cunard, he found a London agent and, eventually, a publisher ( Wishart ), which brought the book out in 1936, a time when publication of books by black men was rare in the United Kingdom.

For his effort to help India win the Test series in England ( a rare feat in itself ) he was awarded the Man of the Series award.

However they can be made highly selective with the help of auxiliary detectors, making them useful in searching for very rare events.

His duties involved answering phones and taking out the trash, though on rare occasions he would help out with bike builds, at one point building his own.

This is a fundamental fact of political life faced by democracies and dictatorships alike: except in rare cases, they cannot count on the good will of others to help them, so they must always be ready to fend for themselves.

Recovery of rare elements from spent fuel rods is also anticipated to help offset the cost of reprocessing.