58) The Court of Appeals ultimately agreed with the latter view, stating that "[t]he principal issues of law decided by the appellate division [were in fact] preserved for appellate review
In 2015, the controversy over appellate review
of claim construction finally reached the Supreme Court.
Over three years after the AIA post-grant trials started, the contours of appellate review
are taking shape.
29) The First and Fourth DCAs, conversely, found that post-judgment discovery orders, like pre-judgment discovery orders, were interlocutory and not subject to immediate appellate review
The claim that there was no statutory jurisdiction in Cohens because section 25 did not encompass direct appellate review
of state criminal prosecutions by the Supreme Court of the United States was neither raised nor decided in the case.
Nothing in the UCMJ suggests that Congress, by design or implication, established a system allowing servicemembers to be tried in their absence yet denied civilian appellate review
because of that absence.
PROCEDURAL ASPECTS BEHIND THE APPELLATE REVIEW
Bursley, Appellate Review
in the Military Justice System: Can It Be Expedited?
Part III of this Article addresses the policy question, looking at the role of appellate review
generally and then considering possible reasons to except the Tax Court from the type of second look that appellate review
To avoid the possibility of reversal on appeal, trial counsel should consider whether intermediate appellate review
is an option.
One possible way to fix this problem and promote uniform application of sentencing law would be to expand appellate review
to further a common law of sentencing independent of the Sentencing Guidelines.
Additionally, the approaches of the various courts regarding appellate review
of hearsay rulings should be reviewed.
Were the parties to proceed to a fully litigated result, virtually any outcome would face the risk of uncertainty upon appellate review
of these rulings.
10) But with so much riding on the outcome--an FNC dismissal is usually case-dispositive appellate review
should be more rigorous.
If delaying primary elections for the Texas House is ncessary to preserve this Court's jurisdiction and allow for thorough appellate review
, the State respectfully requests that the Court stay the primary elections for the Texas House," the attorneys wrote.