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Braska * * * Appellant, v. Keith A. Va Lerie, Appellee. Submitted: March 9, 2004 Filed: October 14, 2004 Before RILEY, McMILLIAN and MELLOY, Circuit Judges. McMILLIAN, Circuit Judge. Keith A. Va Lerie ( defendant ) was charged by indictment in the United States District Court1 for the District of Nebraska on one count of possession with intent to distribute 500 grams or more of a mixture containing cocaine, in violation of 21 U.S.C. 841(a)(1), (b)(1).
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Gomez FAQ
' Rule 28A(i), the rule governing unpublished opinions in the Eighth Circuit, allows a court to disregard precedent set in those opinions. 2 ing to Anastasoff, this practice removes a limita- tion on the judiciary intended by the Constitution's framers and imposed from the beginnings of our legal system.
A party may cite as an authority an opinion designated "unpublished," "not for publication," "non- precedential," "not precedent," or the like that has been issued by any court from a jurisdiction other than Washington state, only if citation to that opinion is permitted under the law of the jurisdiction of the issuing ...
The U.S. Courts of Appeal hear appeals from lower courts of both civil and criminal trials, but do not investigate the facts of a case. Rather, the Appeals Courts investigate whether or not the law has been fairly and correctly applied by the lower courts.
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: Eastern District of Arkansas. Western District of Arkansas. Northern District of Iowa.
Now contained in rule 8.1115(a) of the California Rules of Court, the rule provides that an unpublished opinion of a California Court of Appeal or superior court appellate division “must not be cited or relied on by a court or a party in any other action.” Rule 8.1115(b) creates two exceptions to that rule: an ...
"N.D. Cal." indicates that the case was decided by the United States District Court for the Northern District of California, and "F. Supp. 2d" refers to the second series of the Federal Supplement Reporter.
First, under Rule 8.1115(b)(1), an unpublished case may be cited when "the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel." Invoking this exception requires strict compliance with those specific doctrines. E.g., KG v. Meredith, 204 Cal. App.
After reviewing the case, the appellate court can choose: to affirm or uphold the lower court's judgment, reverse the lower court's judgment entirely and remand (or return) the case to the lower court for a new trial, or.
Hansen Related content
Rules & Procedures | Eighth Circuit | United...
Rules & Procedures · Federal Rules of Appellate Procedure · Local Rules of the Eighth...
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