The recommendation of the Department -- as well as the decision of the appeal board -- was based entirely on the local board file, not on an FBI report.

The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country.

An appeal " by leave " or " permission " requires the appellant to obtain leave to appeal ; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally.

After exhausting the first appeal as of right, defendants usually petition the highest state court to review the decision.

In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal.

In an appeal on the record from a decision in a judicial proceeding, both appellant and respondent are bound to base their arguments wholly on the proceedings and body of evidence as they were presented in the lower tribunal.

After an appeal is heard, the " mandate " is a formal notice of a decision by a court of appeal ; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.

The mandate is distinguished from the appeal court's opinion, which sets out the legal reasoning for its decision.

Because of independence, the decision whether to use of the axiom of choice ( or its negation ) in a proof cannot be made by appeal to other axioms of set theory.

An appeal of the decision was dismissed on 16 March 2005.

When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency.

This procedure is available only if the law on which the primary decision is based specifically provides for it and involves an appeal to a higher ranking administrative body.

Herald-Traveler Corp. fought the decision in court — by this time, revenues from channel 5 were all but keeping the newspaper afloat — but its final appeal ran out in 1972, and on March 19 WHDH-TV was forced to surrender channel 5 to the new WCVB-TV.

Most of the U. S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels ( most of the courts of appeal almost always sit in panels of three ), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc ( that is, all active judges of the court ) or by a higher court.

The decision was later reversed on appeal, but the financial problems caused by the episode almost forced Attlee out of politics.

The minister, describing the attacks which led up to the appeal, said that 60,000 Communist North Vietnamese were fighting royal army troops on one front -- near Thakhek, in southern-central Laos.

They see Selassie as being worthy of worship, and as having stood with great dignity in front of the world's press and in front of representatives of many of the world's powerful nations, especially during his appeal to the League of Nations in 1936, when he was still the only independent black monarch in Africa.

For example, following the Kashmir earthquake in 2005 it used its front page to urge its readers to donate to its appeal fund, and following the publication of the Hutton Report into the death of British government scientist David Kelly, its front page simply carried the word " Whitewash ?".

To broaden market appeal it was later remodeled as a four-seat car ( with full space for the front bucket seats, as originally planned, and a rear bench seat with significantly less space than was common at the time ).

The various trips are designed to appeal to incoming students with a variety of interests and fitness levels and more " front country " trips have been added in recent years including service-and arts-oriented options.

Sjahrir, who has been replaced as prime minister by Amir Sjarifuddin, flew to New York City to appeal Indonesian case in front of United Nations.

Dancers also maintain their " front " by creating a carefully crafted illusion of attractiveness and sexual appeal for customers in the club.

During the BBC's 2002 Children in Need appeal, Woodall and Constantine sang their own version of Madonna's " Vogue " in front of celebrity backing singers.

Trotsky argued that the united front could have great appeal to workers who wished to fight fascism: “ The programme of action must be strictly practical, strictly objective, to the point, without any of those artificial ‘ claims ’, without any reservations, so that every average Social Democratic worker can say to himself: what the Communists propose is completely indispensable for the struggle against fascism.

Under Kelly, Tribune supported John Prescott's challenge to Roy Hattersley as Labour Deputy leader in 1988 and came close to going bust, a fate averted by an emergency appeal launched by a front page exclaiming " Don't let this be the last issue of Tribune ".

They must also understand highly complex court procedures, prepare detailed legal paperwork and orally argue a full legal appeal case in front of three high court judges and a full court.

Marshall obtained written permission from each of the 50 convicted men for him to appeal their case when it came up for review in Washington, DC in front of the Judge Advocate General of the Navy.

Warren, a centrist Republican, campaigned as a moderate voice that would appeal to both liberals and conservatives during a time of war, where California was considered as a possible front line, while accusing Olson as an uncompromising, left-wing Democrat.

The LBW seemed obvious but the bowler had run in front of the umpire who was unsighted and had to reject the appeal.

Donny's emergence as a solo star, and the record-company's desire to appeal to the teen-girl audience, often thrust Donny out in front of the group.

The ride was engineered to appeal towards the luxury car market and not necessarily towards the performance market, and the front to rear weight distribution ratio reflected this goal.

One potential appeal of the Odyssey is the fact that all parameters, including a resonant low-pass filter, a non-resonant high-pass filter, ADSR and AR envelopes, triangle ( not sine ) and square wave LFO, and a sample-and-hold function are editable with sliders and buttons on the front panel.

The next year, he won the release of women's suffrage activists, imprisoned at the Occoquan Workhouse, by prevailing on appeal from their convictions for " unlawful assembly " by " obstructing the sidewalk " in front of the White House with their persistent anti-Wilson " silent sentinel " demonstrations led by Alice Paul.

Wallace later filed an appeal in the Seventh Circuit Appeal Court, where his case was heard de novo in front of a three-judge panel led by Frank Easterbrook.

To increase its appeal in the European market, the Picanto is equipped with such features as CD player ( that enables MP1, 2 and 3 audio playback ), air conditioning, front and patented rear electric windows, remote central locking, and electric mirrors.

In the U. S. federal court system, criminal defendants must file a notice of appeal within 10 days of the entry of either the judgment or the order being appealed, or the right to appeal is forfeited.

Many U. S. jurisdictions title their appellate court a court of appeal or court of appeals.

In most U. S. states, and in U. S. federal courts, parties before the court are allowed one appeal as of right.

Similarly, section 7482 of the Internal Revenue Code provides that the U. S. Supreme Court and the federal courts of appeals may impose penalties where the taxpayer's appeal of a U. S. Tax Court decision was " maintained primarily for delay " or where " the taxpayer's position in the appeal is frivolous or groundless.

Any attempt to appeal to the United Nation to stop the U. S. invasion had failed.

Gilmore initially lost the case, known as Gilmore v. Gonzales, and an appeal to the U. S. Supreme Court was denied.

However, appeal is merely a privilege provided by statute in 47 states and in federal judicial proceedings ; the U. S. Supreme Court has repeatedly ruled that there is no federal constitutional right to an appeal.

Part of the U. S. appeal was due to the dubbing, which gave the show a campy charm that evoked English-dubbed Chinese kung fu movies of the 1970s.

Because the Dover school board chose not to appeal, the case never reached a circuit court or the U. S. Supreme Court.

Steinway won the case on appeal in 1975, forcing their competitor to use only the name " Grotrian " in the U. S. The case set a precedent and established the concept of " initial interest confusion ", in which consumers might be initially attracted to a similarly named but lesser-known brand because of the stronger brand's good reputation.

* February 16 The Justice Department decides not to appeal to the Supreme Court the charges thrown out by the 5th U. S. Circuit Court of Appeals against Daniel Bayly, Merrill Lynch's former head of investment banking ; James A.

Many rights of criminal defendants in state courts arise under federal law, but federal courts only examine if the state courts applied those federal rights correctly on a direct appeal from the conviction to the U. S. Supreme Court, after state court direct appeals have been exhausted, or in a collateral attack on a conviction in a habeas corpus proceeding after all state court remedies ( usually including a state court habeas corpus proceeding ) have been exhausted.

For example, the U. S. Supreme Court will generally not consider an appeal of a state court determination that someone has both a state constitutional right and a federal constitutional right, if the result would be no different if that person had only a state constitutional right.

A disproportionate share of the state court criminal cases reviewed on direct appeal by the U. S. Supreme Court involve death penalty cases.

The play is an open appeal and fundraiser for passage of U. S. House Resolution 808, which seeks to establish a Cabinet-level " Department of Peace " in the U. S. government, to be funded by a two percent diversion of the Pentagon's annual budget.

On April 1, 1971, only a day after Calley was sentenced, U. S. President Richard Nixon ordered him transferred from Leavenworth prison to house arrest at Fort Benning, pending appeal.