If the petition is granted the appellant could be released from incarceration, the sentence could be modified, or a new trial could be ordered.

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.

The General District Courts do not have jury trials at all, but appeals may be taken from a General District Court to the Circuit Court of that jurisdiction, and the appellant may receive a new trial with a jury.

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 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.

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.

The appellant ’ s case was affirmed on appeal.

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.

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 ).

In unusual cases the appellant can be the victor in the court below, but still appeal.

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

The appellant has the opportunity to present arguments for the granting of the appeal and the appellee ( or respondent ) can present arguments against it.

A finding of reversible error requires that substantial right of the appellant be affected, or the evidence in question be of such character as to have affected the outcome of the trial.

The appellant must also be adversely affected by the appealed decision.

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 appellant in the Circuit Court will then be entitled to a jury trial, even if they were not entitled to one in the GDC.

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.

: The conflict between the assertions made by the appellant and those made by orthodox Holocaust historians cannot be resolved through reasoned debate.

On an appeal, the High Court of Kerala ruled in pursuant of Indian Copyright Act, 1957, that the ownership of cartoon strips drawn during Tom's employment with Manorama would continue to be with the appellant, while Toms will be free to own the characters Boban and Molly and continue creating cartoon strips to publish at his will.

This application of the defence of mistake of fact would be supportable were it not for the fact that the trial judge found in addition that the appellant had been wilfully blind to reality in his behaviour on October 15.

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.

An appellant may request a panel of three judges of the Court of Appeals to review a petition for appeal that was denied, either in whole, or part, by the judge who initially reviewed the petition.

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 ".

During an appeal, oral proceedings may take place at the request of the EPO or at the request of any party to the proceedings, i. e. the applicant ( who is, in pre-grant appeal, the appellant ), or the patentee or an opponent ( who are, in opposition appeal, appellant or respondent ).

2004 ), the court held that since the appellant failed to comply with the invention disclosure provisions of a contract, the court upheld the transfer of title to an invention to the U. S. Army.

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.

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

The appellant, Dr John Weston Foakes, owed the respondent, Julia Beer, a sum of £ 2, 090 19s after a court judgment.

In Norberg v. Wynrib, the appellant Laura Norberg became addicted to Fiorinal which the respondent Dr. Morris Wynrib supplied in exchange for sexual favours.