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The Appeals Court " upheld a federal judge's finding that opponents of the mine failed to prove they were likely to prevail on claims the mine would cause visual harm to Mount Tenabo and create a substantial burden on the tribes ' ability to exercise their religion " but ruled the U. S. Bureau of Land Management ’ s previous environmental review of water and air pollution impacts " was inadequate under the National Environmental Policy Act " and ordered the District Court to provide " appropriate " injunctive relief while the Bureau of Land Management conducted further study.
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Appeals and Court
The Court of Appeals affirmed.
The Third Circuit Court of Appeals is reviewing an appeal from the plan.
Mr. Simpkins will move into the post being vacated by Thomas B. Finan, earlier named Attorney General to succeed C. Ferdinand Sybert, who will be elevated to an associate judgeship on the Maryland Court of Appeals.
The Tax Court decision and a similar earlier finding by the Ninth Circuit Court of Appeals challenges a year-old I.R.S. ruling on the subject.
The District of Columbia Court of Appeals | Court of Appeals in Washington, D. C.
* Court of Appeals
Examples of such courts include the New Jersey Court of Errors and Appeals ( which existed from 1844 to 1947 ), the Connecticut Supreme Court of Errors ( which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors ( renamed the Kentucky Supreme Court ), and the Mississippi High Court of Errors and Appeals ( since renamed the Supreme Court of Mississippi ).
Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the United States Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on the other hand, and appeals from the Court of Federal Claims on the other.
Appeals and upheld
Following this ruling, Alford petitioned for a writ of habeas corpus in the United States District Court for the Middle District of North Carolina, which upheld the initial ruling, and subsequently to the United States Court of Appeals for the Fourth Circuit which ruled that Alford's plea was not voluntary, because it was made under fear of the death penalty.
The 8th Circuit Court of Appeals upheld the decision in October 2007.
In February 1991, the United States Court of Appeals for the Fourth Circuit upheld Bakker's conviction on the fraud and conspiracy charges, but voided Bakker's 45-year sentence, as well as the $ 500, 000 fine, and ordered that a new sentencing hearing be held.
The summary judgment ruling was upheld by the Ninth Circuit Court of Appeals, but was unanimously reversed by the US Supreme Court in a decision titled MGM Studios, Inc. v. Grokster, Ltd.
In 2008, a three-judge panel of the U. S. Third Circuit Court of Appeals upheld the murder conviction but ordered a new capital sentencing hearing because the jury was improperly instructed.
Less than a month after the DC Circuit Court of Appeals upheld the redesignation of Kach and Kahane Chai as Foreign Terrorist Organizations, Kahane Net sent out a fundraising appeal, crossing out with a black marker the URL www. kahane. org printed on the envelope.
A federal district court's ruling that only González's father, and not his extended relatives, could petition for asylum on the boy's behalf was upheld by the 11th Circuit Court of Appeals.
The Spanish Court of Appeals rejected the lower court's decision, and on appeal in April 2010 the Supreme Court of Spain upheld the Court of Appeals decision against conducting an official inquiry into the IDF's targeted killing of Shehadeh.
The decision was appealed, and in September 1987 the United States Court of Appeals for the Ninth Circuit upheld the ruling.
The First, Eighth and Tenth Circuits of the U. S. Court of Appeals have upheld the constitutionality of the IRA.
Its activists scored a major victory in 2003 when the Ontario Court of Appeals upheld a lower court ruling which made same-sex marriage legal in Ontario, the first jurisdiction in North America to do so.
On March 11, 2010, the United States Court of Appeals for the Ninth Circuit upheld the words " under God " in the Pledge of Allegiance in the case of Newdow v. Rio Linda Union School District.
Scarver appealed to the U. S. Court of Appeals, which upheld the decision of the district judge in 2006.
The lawsuit was dismissed from a District Court ; the decision was upheld by the Court of Appeals on August 22, 2008.
The administration right to decline to enforce was upheld by the New York State Court of Appeals in 2006.
The findings of the Court of Appeals upheld the original decision, which assigned 50 % of the responsibility to the Buffalo ( for her excessive speed ), 25 % to the dock operator ( for rotten wood pilings ) and 25 % to the Jupiter ( for improper procedures in unloading her cargo ).
Place of United Christian Scientists, the copyright extension was found unconstitutional in 1987 by Federal District Judge Thomas Penfield Jackson whose decision was then upheld in The United States Court of Appeals for the District of Columbia, and private distributions have subsequently appeared.
The Second Circuit Court of Appeals in New York City upheld the dismissal of remaining claims in the case of Bano v. Union Carbide Corporation in 2006.
One federal appellate court has upheld a state constitutional amendment banning same-sex marriage: the United States Court of Appeals for the Eighth Circuit in Citizens for Equal Protection v. Bruning.
Circuit Court of Appeals, which upheld the decision, ( along with a related case in March 2003 — see Al-Odah v. United States ).
Circuit Court of Appeals upheld the girl's arrest.
Metro claims that the United States Court of Appeals for the Second Circuit decision in MacWade v. Kelly, which upheld random searches on the New York City Subway, allows Metro Transit Police to take similar action.
The amendment was upheld by the Sixth Circuit Court of Appeals in 1996 but remanded by the Supreme Court for further consideration in 1997 in the wake of the Romer decision.
This decision is appealed to the 9th Circuit Court of Appeals and upheld.
Appeals and federal
In December 1978, the federal district court ruled in the university's favor ; two years later, that decision was overturned by the Fourth Circuit Court of Appeals.
The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals ( plus a thirteenth, the Court of Appeals for the Federal Circuit, which hears appeals in patent cases and cases against the federal government, without geographic limitation ).
The Lansing Metropolitan Area, colloquially referred to as " Mid-Michigan ", is an important center for educational, cultural, governmental, business, and high-tech manufacturing, including two medical schools, one veterinary school, two nursing schools, two law schools, including the nation's largest law school ( Thomas M. Cooley Law School ), a Big Ten Conference university ( Michigan State ), the Michigan State Capitol, the state Supreme Court and Court of Appeals, a federal court, the Library of Michigan and Historical Center, and headquarters of four national insurance companies.
The Federal Court reviews decisions referred from the Court of Appeals ; it has original jurisdiction in constitutional matters and in disputes between states or between the federal government and a state.
Thus, a federal district court that falls within the geographic boundaries of the Third Circuit Court of Appeals is bound by rulings of the Third Circuit Court, but not by rulings in the Ninth Circuit, since the Circuit Courts of Appeals have jurisdiction defined by geography.
In the United States, which uses a common law system in its state courts and to a lesser extent in its federal courts, the Ninth Circuit Court of Appeals has stated:
In cases addressing other encryption software, however, two federal appeals courts have established the rule that cryptographic software source code is speech protected by the First Amendment ( the Ninth Circuit Court of Appeals in the Bernstein case and the Sixth Circuit Court of Appeals in the Junger case ).
Three Texas voters challenged the election in a federal court in Dallas and then appealed the decision to the United States Court of Appeals for the Fifth Circuit, where it was dismissed.
Appeals from the federal District Court are heard by the United States Court of Appeals for the Third Circuit, located in Philadelphia, Pennsylvania.
On November 12, 2010, in a unanimous decision, the United States Court of Appeals for the First Circuit in Boston affirmed a ruling by a New Hampshire lower federal court which found that the pledge's reference to God doesn't violate students ' rights.
:* Carlos Lucero, federal judge on the United States Court of Appeals for the Tenth Circuit
In California, the power of the intermediate Courts of Appeal over the Superior Courts is quite different from the power of the Courts of Appeals of the federal government over the federal district courts.
Other originalists, including Michael W. McConnell, a federal judge on the United States Court of Appeals for the Tenth Circuit, in his article " Originalism and the Desegregation Decisions ," argue that the Radical Reconstructionists who spearheaded the 14th Amendment were in favor of desegregated southern schools.
Moreover, because the U. S. Supreme Court chooses to hear fewer than 100 of the more than 10, 000 cases filed with it annually, the United States Courts of Appeals serve as the final arbiter on most federal cases.
Generally, a final ruling by a district court in either a civil or a criminal case can be appealed to the United States court of appeals in the federal judicial circuit in which the district court is located, except that some district court rulings involving patents and certain other specialized matters must be appealed instead to the United States Court of Appeals for the Federal Circuit, and in a very few cases the appeal may be taken directly to the United States Supreme Court.
:: Example: The Federal Courts of Appeals have reached the same conclusion in applying the federal hearsay rule.
It was formed in 1842 and named for John Boyle ( 1774 – 1835 ), a U. S. Representative, chief justice of the Kentucky Court of Appeals and later federal judge for the District of Kentucky.
He became a progressive voice in Alabama politics during the 1960s and was appointed to a federal judgeship on the United States Court of Appeals for the Eleventh Circuit
Mckenzie's claim-jumping scheme was eventually stopped by the federal Ninth Circuit Court of Appeals.
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