Appellate reform is needed so that survivors of domestic violence who do not see success at the trial court level may appeal their case, or in the alternative, if their abuser appeals the grant of an injunction for protection, the survivor should have equal access to defend their injunction on appellate review
. Appellate court systems should ensure adequate consideration of each case, thereby affording every litigant the full benefit of the judicial process.
clarity and consistency on the appropriate standard of appellate review
The Supreme Court granted review and began its analysis by affirming the general rule set forth in Sauter that "[m]atters of trial procedure, evidentiary rulings, and jury instructions occurring at trial are subject to appellate review
only if they are assigned as error in a motion for a new trial." Cty.
The dichotomy in the availability of prompt appellate review
for FNC decisions has particular salience in the context of transnational litigation, where forum selection concerns are particularly acute.
Even though appellate review
is usually granted as of right in the U.S., appellate courts may refuse to grant appellate review
in a number of situations.
Under current law, if an accused does not waive or withdraw from appellate review
, (56) the disposition of the case will depend on the approved sentence as follows:
Even in the appellate division, the familiar rule on an appeal in a civil case is that the appellate court will generally consider only those arguments and claims that were preserved for appellate review
by timely assertion or objection in the nisi prius court.
Bostic, (4) the Sixth Circuit, aiming to facilitate appellate review
of sentencing, adopted a prudent procedural rule: the "Bostic Question" ("the Question").
(31) Second, in Ex parte Watkins32--an opinion explored in Section I.C--the Supreme Court held that section 14 did not vest it with habeas power to conduct conventional appellate review
of federal criminal convictions.
Maher, who has 40 years of practice in administrative law, litigation, and appellate review
, consulted with the defense team on appellate procedures regarding various writs and direct appeals possible under state law and appellate rules related to military justice actions and administrative hearings.
The Appellate Term rejected both arguments, holding that in Small Claims Court, the standard of appellate review
is whether "substantial justice" has been done, and great deference is given to the trial judge.--LNR
Among other motivations, this trend responds to rather exceptional patent doctrine emanating from the Federal Circuit in areas as varied as appellate review
of lower courts, remedies, and the award of attorney's fees.