On 6 December 2010, senior Court of Appeal judges rejected the appeal of Anthony O ’ Shea, stating that they were " entirely confident that the appellant was rightly convicted ".

The appellant ’ s theory ( for it is no more than such ) that he O ’ Shea was the victim of the machinations of a fraudulent webmaster is, in our view, pure speculation .” Jim Bates, an expert witness and critic of Operation Ore, was criticised for misleading comments during the hearing.

A law that prohibited any person convicted of a felony and not subsequently pardoned from holding office in a waterfront union was not a bill of attainder because the “ distinguishing feature of a bill of attainder is the substitution of a legislative for a judicial determination of guilt ” and the prohibition “ embodies no further implications of appellant ’ s guilt than are contained in his 1920 judicial conviction .”

It felt its decision to deny the appellant ’ s request may be of interest to the public as it addresses the Board's practice dealing with motions or requests for costs and published a link to the decision on its web page.

The trial judge found that the appellant was not guilty of rape as defined in ( then ) s. 143 ( a ).

The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

The appellant in the new case can be either the plaintiff ( or claimant ), defendant, third-party intervenor, or respondent ( appellee ) from the lower case, depending on who was the losing party.

In 1993, the Supreme Court denied the appellant School District's request for certiorari and returned the case to District Court Judge Richard Rodgers for implementation of the Tenth Circuit's mandate.

The prosecution case against the appellant was that he obscenely exposed his penis and other genitals.

In December 1915 he and Benjamin F. Spellman represented L. Lawrence Weber as the appellant before the Supreme Court of the United States in the Weber v. Freed case concerning boxing match film distribution.

The court, however, dismissed this argument as inapplicable, because the case presented involved not two mixed-race spouses but a mixed-race and a white spouse: " Under the facts presented the appellant does not have the benefit of assailing the validity of the statute.

One judge in the case concluded not only that Customs officials had wrongly delayed, confiscated, destroyed, damaged, prohibited or misclassified materials imported by the appellant on numerous occasions, but that these errors were caused “ by the systemic targeting of Little Sisters ' importations in the Vancouver Customs.

Seven months previously, in the case of Hinton v. Donaldson, the Scots Court of Session had ruled that copyright did not exist in the common law of Scotland, so that Alexander Donaldson ( an appellant in Donaldson v. Beckett with his older brother, John ) could lawfully publish Thomas Stackhouse's New History of the Holy Bible.

" He added that the summing-up of the case was " such as to deny the appellant the fair trial which is the birthright of every British citizen ".

This is the only court that requires the intervention of a solicitor or case attorney ( avoué ) to prepare and manage your case and to act as an intermediary between the barrister and the appellant or appellee.

In those cases, the parties disagree vigorously if any existing legal rule even applies to the facts of the case, or the appellant may be deliberately trying to attack an established rule in the hope that the appellate court will overturn a prior decision and establish a new rule, or the question has been ruled upon by multiple intermediate appellate courts and is so perplexing that all the lower courts disagree with each other.

The disadvantages are that the two panels might inadvertently issue conflicting majority opinions ; and that an appellant might be ruled against by two justices on a panel of three, who might have been a minority ( that is, 5 – 2 ) if the case had been heard by a full court of seven justices.

If the case is a criminal case or traffic infraction, the appellant will automatically receive a jury trial in the Circuit Court unless they affirmatively waive this right.

The appellant must then post a bond and pay a writ tax in the GDC within 30 days of the judgment, or within 10 days of the judgment if the case is one of unlawful detainer.

The appellant uses a supersedeas bond to stay the execution of the judgment, meaning they do not have to pay the full amount before the case goes to re-trial.

The case law of the Boards of Appeal of the European Patent Office ( EPO ) does not allow a decision at appeal to put a sole appellant in a worse position.

In his capacity as Secretary of the Interior, he was the appellant in the Supreme Court case Kleppe v. New Mexico ( 1976 ), in which it was decided that a state could not challenge the authority of the federal government to regulate federal lands within its borders.

Since their names were listed on the appeal documents in alphabetical order, Henrietta Muir Edwards was listed as the first appellant, leading to the case being entered as Edwards v. Canada ( Attorney General ).

But I suspect that the old Roman was referring to change made under military occupation -- the sort of change which Tacitus was talking about when he said, `` They make a desert, and call it peace '' ( `` Solitudinem faciunt, pacem appellant ''.

In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error, that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly.

In some cases, an appellant may successfully argue that the law under which the lower decision was rendered was unconstitutional or otherwise invalid, or may convince the higher court to order a new trial on the basis that evidence earlier sought was concealed or only recently discovered.

In addition to obtaining leave to appeal, an appellant also had to obtain a certificate from the lower court stating that a point of general public importance was involved.

Since the vast majority of petitions for certiorari are routinely denied without comment, it is normally unnecessary to indicate that fact in citations to decisions of lower federal courts, unless it happened within the last two years or was otherwise particularly relevant ( e. g., to support an inference that a particular appellant is a vexatious litigant ).

The appellant ( described as a violent sexual psychopath ) strangled then mutilated a young woman, it was alleged that Byrne suffered from violent and perverted sexual desires which he found impossible to control.

His support of the court party against the lords appellant was rewarded in 1397 by the earldom of Westmorland.

He was another appellant contact of Bancroft, who communicated for him with Christopher Bagshaw, and had worked with the plotter William Clark against English Jesuits.

:" It was Tacitus who said: They make a desert and call it peace-Solitudinem faciunt pacem appellant ( Agricola 30 ).

As Escobedo was questioned during a custodial interrogation, the result for the appellant would have been the same.

Even though perceived in her favour by Broad and Young, the Court of Appeal held the poison-plots against her and against him: "... if the question is, as I think it was, whether these letters were evidence of a protracted, continuous incitement to Bywaters to commit the crime which he did in the end commit, it really is of comparatively little importance whether the appellant was truly reporting something which she had done, or falsely reporting something which she merely pretended to do.

" Moreover " it matters not whether those letters show or, at any rate, go to show, that there was between this appellant and Mrs Thompson an agreement tending to the same end.

In R v Sullivan Crim LR 46, CA, the appellant was tried on charges of causing grievous bodily harm with intent and inflicting grievous bodily harm.

He said that while he was in a street that was eight feet wide and had a narrow pavement, the appellant drove a car through that street at twenty five to thirty miles an hour, mounted the pavement and injured him.

If the petition is denied, the appeal process ends ( except that the appellant may request a rehearing ) and the judgment of the lower court is affirmed.

A party who files an appeal is called an " appellant ", " plaintiff in error ", " petitioner " or " pursuer ", and a party on the other side is called a " appellee ".

Similar to federal post-conviction relief, an appellant can petition the court to correct alleged fundamental errors that were not corrected on direct review.

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.

As well, in some cases, the court may not call on counsel for the respondent, if it has not been convinced by the arguments of counsel for the appellant.

In very rare cases, the court may not call on counsel for the appellant and instead calls directly on counsel for the respondent.

Douglas died without an heir, which led to various claims upon the title and estate — Carrick backed Malcolm Drummond, the husband of Douglas's sister, while Fife sided with the successful appellant, Sir Archibald Douglas, lord of Galloway who possessed an entail on the Douglas estates.

Eugene R. Warren presented arguments for the appellant, Epperson, and Don Langston, an Assistant Attorney General for Arkansas, argued on behalf of the state of Arkansas.

As such, the appellant does not have to prove that the distinction on such a basis is irrelevant to the objective of the legislation.

L ' Heureux-Dubé argues that, for the purpose of the Section 15 analysis, the appellant also need not prove that the distinction is made on one of the enlisted grounds in Section 15 or an analogous ground thereof:

The political history of Nottinghamshire centres round the town and castle of Nottingham, which was seized by Robert of Gloucester on behalf of Maud in 1140 ; captured by John in 1191 ; surrendered to Henry III by the rebellious barons in 1264 ; formed an important station of Edward III in the Scottish wars ; and in 1397 was the scene of a council where three of the lords appellant were appealed of treason.

" The Appellate Division, Fourth Department, upheld the conviction on July 7, 2006 ( Shawn P. Hennessy, attorney for respondent and Timothy Murphy, attorney for appellant ).

That is, the parties may generally agree on the applicable law, but the appellant will contend that the trial court incorrectly interpreted and applied the existing law.

:" Quite apart from anything else, this disrupts the whole operation of the police station to which these calls are directed, because a member of the public may wish to report an urgent matter such as a criminal offence, and cannot do so or is delayed in doing so because of this kind of behaviour on the part of the appellant.

The Lords accepted that a significant number of people were disadvantaged by the closure of the sorting office and the loss of delivery on that day, but held that the appellant did not have the appropriate mens rea because he did not know or reasonably should have known ( because the means of knowledge were available to him ) that the salt would escape in the sorting office or in the course of postal delivery.

For civil cases on appeal, the appellant must request a jury ; if no such request is made, then the appeal will be heard by a Circuit Court judge alone.

As long as oral argument was preserved in the petition for appeal and a reply brief was not filed, the appellant may present oral argument on the petition for appeal before a panel of three judges.