All articles tagged with #appellate court
An appellate court in South Australia upheld the conviction of 53-year-old Cynthia Frahn for sexually assaulting a 15-year-old boy at a Monarto house party in June 2023. The defense had argued DNA-evidence interpretation was flawed, but the appeal was dismissed. Frahn faces a four-year prison term with a non-parole period of two years and six months, and remains in custody.
An appellate court has temporarily blocked the deployment of Oregon National Guard troops to Portland, ruling they can remain under federal control but cannot be deployed to the city, as they prepare to hear arguments on whether to grant a full stay.
A three-judge panel of the 2nd Circuit Court of Appeals upheld an $83.3 million defamation judgment against Donald Trump in favor of E. Jean Carroll, rejecting his attempt to overturn the verdict based on presidential immunity, and ruling that Trump is now liable for nearly $90 million including interest.
An appellate court ruling poses a significant obstacle to President Trump's use of tariffs for revenue, diplomacy, and conflict management, marking a major setback for the White House.
A federal appellate court invalidated most of President Trump's global tariffs, ruling they lacked legal authority under the International Emergency Economic Powers Act, potentially disrupting the US's trade policies and revenue streams, with the White House considering further legal and trade actions.
The New York Appellate Division ruled that the $500 million fine against Trump for overvaluing properties was unconstitutional, challenging the case brought by Attorney General Letitia James. Although this decision may not be the final word, it marks a setback for the case, which is likely to be reviewed by the state's highest court, the Court of Appeals. The case and Judge Engoron's rulings have been controversial, with previous decisions being reversed.
A federal appellate court has temporarily stayed a lower court's ruling that invalidated most of President Trump's tariffs, allowing them to remain in place while further legal proceedings are scheduled, thus prolonging the ongoing trade tensions and uncertainty.
California appellate court ruled that Republican Vince Fong can appear on the November ballot for both state Assembly and Congress, despite objections from the Secretary of State. If Fong wins both races, he would resign from the Assembly and head to D.C., triggering a special election to fill the Assembly vacancy. The decision has sparked concerns about chaos and voter disenfranchisement, leading to proposed bills aimed at addressing the confusion in election law.
Donald Trump secured a significant legal win when an appellate court slashed his bond requirement from $464 million to $175 million, giving him 10 days to come up with the money, a move widely seen as a rebuke to the trial judge and New York's attorney general. Despite this, media coverage focused more on the setting of a trial date for a hush money case against Trump, with the trial expected to begin on April 15. The media's emphasis on the trial date overshadowed Trump's legal victory, leading to criticism of biased coverage and downplaying of the significant appellate court ruling.
Fulton Superior Court Judge Scott McAfee ruled to keep District Attorney Fani Willis on the election interference case involving former President Donald Trump and his allies, but criticized her decision-making and ordered the lead prosecutor, Nathan Wade, to be dismissed due to an appearance of impropriety. While a victory for Willis, the ruling raises questions about her judgment and may lead to restrictions on her public comments about the case. The judge's decision may be appealed to the state Court of Appeals, and Willis faces ongoing scrutiny from various oversight bodies and potential challengers in the upcoming election.
An appellate court judge in New York has denied Donald Trump’s request to pause a $454m judgment against him as he appeals a fraud case ruling, but he can still direct his real estate empire and apply for loans. Trump must pay the full amount or post bond to halt the ruling, and his attorneys argued that the case falls outside the statute of limitations and represents an unconstitutional violation of his rights. The ruling aligns with what the attorney general sought, and a response brief is due on 11 March.
An appellate court ruled that Florida Gov. Ron DeSantis violated the First Amendment by suspending Democratic prosecutor Andrew Warren for his political gain, marking a setback for DeSantis. The court directed a federal judge to reconsider his ruling, potentially reopening a pathway to reinstatement for Warren. The ruling focused on factors for Warren's suspension, concluding that First Amendment protections applied more broadly than previously stated. Warren expressed hope for reinstatement, while DeSantis' press secretary criticized the decision as an encroachment on state sovereignty.
A New York appellate court rejected Donald Trump's challenge of the gag order in his civil fraud trial, stating that he did not use the proper legal vehicle to challenge the order and sanctions. The court also rejected Trump's request to allow his legal team to seek a review of the gag order by the Court of Appeals. Trial testimony has ended, and the parties are scheduled to file supplemental briefs before a final verdict is rendered. Trump's lawyer expressed disappointment, stating that the decision denies Trump expedited relief and places his Constitutional rights in a procedural purgatory.
Lawyers for Donald Trump missed a deadline to seek permission from a panel of judges to quickly consider a request to file a higher court challenge to a gag order against Trump in connection with a $250 million civil fraud case. The gag order, issued by New York Supreme Court Justice Arthur Engoron, aims to prevent Trump from commenting on court staff after his references to a law clerk generated threats and harassing messages. Trump's lawyers argue that the gag order violates his constitutional rights, but the appellate court informed them that they missed the deadline to advance their appeal. Trump is scheduled to testify for the defense on Monday in the fraud case brought by New York Attorney General Letitia James.
The Appellate Court of Illinois has denied Jussie Smollett's request to have his conviction on disorderly conduct charges thrown out. Smollett, the former 'Empire' actor, was found guilty of five felony counts of disorderly conduct in 2021 for allegedly staging a racist and homophobic attack on himself. He was sentenced to 150 days in jail, probation, restitution, and a fine. Smollett's attorney argued that a previous deal with the state's attorney prevented further prosecution, but the court disagreed. It is unclear if Smollett will be taken back into custody.