Even in the appellate division, the familiar rule on an appeal in a civil case is that the appellate court will generally consider only those arguments and claims that were preserved for appellate review
by timely assertion or objection in the nisi prius court.
Plaintiff's remaining contentions are either unpreserved for appellate review
or without merit.
The APA and Appellate Review
of PTO Factual Findings 3.
The affirmance rate is 84 percent, which is not surprising given the deference of applied in appellate review
130(a)(4)--now lack a noncertiorari path to appellate review
To obtain immediate appellate review
of such an order absent [section] 1292(b) certification, the subpoenaed party must typically 'defy the district court's enforcement order, be held in contempt, and then appeal the contempt order, which is regarded as final under [section] 1291.
It seems obvious that the Supreme Court must have jurisdiction to engage in direct appellate review
of state criminal prosecutions that resolve questions of federal law.
Before trial, the trial defense counsel advised PFC Moss in writing that, if the approved sentence included a punitive discharge or confinement in excess of one year, her case would be automatically forwarded to the Court of Military Review (6) for appellate review
, and she could request appellate counsel to represent her.
exercising their right to appellate review
guaranteed by the
Moreover, unlike civilian cases, all cases in the military are guaranteed an appellate review
for the sole purpose of protecting the rights of the appellant.
The Article further argues that appellate review
theory supports that result.
The defense and prosecution both sought further appellate review
of the Appeals Court decision by the state Supreme Judicial Court.