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The Court of Appeals hears most appeals from the Circuit Courts and Family Courts of South Carolina that do not fall within the seven classes of cases over which the South Carolina Supreme Court exercises exclusive jurisdiction. [1] Those seven classes are cases involving the death penalty, public utility rates, significant constitutional issues,
Case history; Prior: Cert. to the Supreme Court of California Holding; The failure to grant this indigent petitioner seeking initial review of his conviction the services of an advocate, as contrasted with an amicus curiae, which would have been available to an appellant with financial means, violated petitioner's rights to fair procedure and equality under the Fourteenth Amendment.
Colorado Court of Appeals: 22 1891 [3] Connecticut Appellate Court: 10 1982 Florida District Courts of Appeal: 71 1957 Georgia Court of Appeals: 12 1906 Hawaii Intermediate Court of Appeals: 6 1979 Idaho Court of Appeals: 4 1982 Illinois Appellate Court: 54 1877 Indiana Court of Appeals: 15 1891 Iowa Court of Appeals: 9 1976 [4] Kansas Court of ...
Summary judgment in the United States applies only in civil cases. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms.
Canterbury v. Spence, 464 F.2d. 772 (D.C. Cir. 1972): In medical malpractices cases, informed consent is required of the patient and no expert is required for the case to be heard by a jury. Acree v. Republic of Iraq, 370 F.3d 41 (D.C. Cir. 2004): Established the FSIA did not create new causes of action against foreign states.
The Ninth Circuit Court of Appeals affirmed Whyte's decision in 2009. [25] The Ninth Circuit considered the constitutionality of the law; given the timeframe of the law's passing relative to litigation, it was referred to as the "Act" in the court's opinion. The Ninth Circuit affirmed the District Court's Summary Judgment for the VSDA by holding:
The certification of the appeal, one of two filed by Murdaugh, means that the case will go directly before the South Carolina Supreme Court, bypassing a lengthy process before the Court of Appeals.
In some cases, an appellate court may review a lower court decision "de novo" (or completely), challenging even the lower court's findings of fact. This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only ...