Appeal

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Appeal

A request to a higher court to review a previously completed criminal or civil case. In general, only one of the parties involved in the original case may appeal it.
References in periodicals archive ?
Additionally, only the specialized court should have authority to grant a certificate of appealability (COA) to second or successive petitions.
108) That text--"[u]nless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals"--was evidence that Congress knew how to speak in jurisdictional terms when it so chose.
190) Amar has argued that options other than a warrant per se such as "heightened standards of justification prior to searching, immediate (pre-search) appealability of any proposed search (with the premises sealed to prevent interim destruction of evidence), specially trained nonpartisan marshals or magistrates or masters to carry out the search, and so on" would suffice.
The court discussed how there was only instance in which the Supreme Court directly addressed the appealability of a district court's order for sanctions, in which the Court found jurisdiction did not exist.
Kruse, Appealability of Class Certification Orders: The "Mandamus Appeal" and a Proposal to Amend Rule 23, 91 Nw.
There was found during history taking, that appealability of patients to ocular oncologist after appearance of first symptoms varied widely.
Exceptions to that general rule have either come through statute (such as the immediate appealability of denials of motions to compel arbitration) (82) or through judicial decision (such as the collateral order doctrine).
of Tennessee College of Law) include chapters on appellate court systems, preserving error for appeal, appealability (covering the Final Judgment Rule and exceptions), initiating an appeal, parties and non-parties on appeal, appellate legal analysis, appellate legal drafting techniques and strategies, citation and quotation on appeal, standards of review and reversible versus harmless error, drafting appellate briefs, oral argument, and moot court.
130 (PROCEEDINGS TO REVIEW Adds new subdivision NON-FINAL ORDERS AND SPECIFIED FINAL (a)(3)(C)(ix) to clarify ORDERS) the appealability of forum non conveniens orders.
Although Illinois courts distinguish between civil and criminal contempt, the distinction makes no difference to the appealability of discovery orders under Supreme Court Rule 304(b)(5).
The Court previously granted certiorari in the case and concluded that Miller-El was entitled to a certificate of appealability.