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The Supreme Court of Virginia has stated that '"This Court has repeatedly held that the effect of an appeal to circuit court is to "annul the judgment of the inferior tribunal as completely as if there had been no previous trial."' [14] The only exception to this is that if a defendant appeals a conviction for a crime having multiple levels of ...
The parties litigated the case on the premise that Guarnieri's grievances and lawsuit are petitions protected by the Petition Clause. This Court's precedents confirm that the Petition Clause protects the right of individuals to appeal to courts and other forums established by the government for resolution of legal disputes. ...
On remand, 153 So. 2d 299 (Fla. 1963); defendant acquitted, Bay County, Florida Circuit Court (1963) Holding; The Sixth Amendment right to counsel is a fundamental right applied to the states via the Fourteenth Amendment to the United States Constitution's Due Process Clause, and requires that indigent criminal defendants be provided counsel at ...
(The Center Square) – Whether illegal immigrants have the right to keep and bear arms is a question now up for the Seventh Circuit U.S. Court of Appeals. The case USA v. Heriberto Carbajal ...
The Court also rejected the respondent's claim that his First Amendment rights were violated. The 6–3 decision was widely criticized by legal scholars for Justice William Rehnquist's controversial conceptualization of Kennedy's due process rights in his plurality opinion, joined by only two other justices and explicitly rejected by the others ...
The Supreme Court ruled that any such motion must be accompanied by a brief (commonly referred to as an Anders brief) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other ...
Brewer v. Williams, 430 U.S. 387 (1977), is a decision by the United States Supreme Court that clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment.
It was held that the due process and equal protection clauses of the Fourteenth Amendment were violated by the state's denial of appellate review solely on account of a defendant's inability to pay for a transcript. The court vacated and remanded the order from the state supreme court. The court held that petitioner prisoners had to be afforded ...