How To Use Appellant In A Sentence
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The appellant asserts that the building was uninhabitable when he moved in, and that to return it to that state would be a retrograde step.
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The appellant's whole case on the confessions to the police officers was that he was highly suggestible.
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Appellants also stood to have their action terminated if the district court's order went unreversed.
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At his trial counsel for the appellant challenged the admissibility of evidence in the form of computer printouts of telephone conversations made from a hotel.
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The appellant was informed that he had been clocked at 97 kilometers in a 50 kilometer per hour zone.
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The appellant thus argued that the trial judge misapprehended the facts and/or misapplied the appropriate standard of care to the facts.
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The appellant gave evidence insisting that he had no involvement in any of the hangings.
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His description of the height and build of the person does not conform to the height and build of the appellant at the relevant time.
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When it came to the defence case the appellant was simply called and asked to confirm on oath that the statement under caution she had made to the police was true.
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The appellant, Norman Mattison, was charged with committing an act of gross indecency with his co-defendant.
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I am not satisfied that the appellant has any reasonable chance of success if allowed to proceed with the appeal.
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The appellants raised other grounds in addition to that which occasioned the reference.
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The Appellant was tried by His Honour Judge Cavell and a jury between 15th and 26th November 1999.
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That, I submit, was a live issue for the jury when considering this appellant's case.
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The Appellant is now a young adult of 20 years of age.
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Whereas the property is held in trust for the appellant.
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Erit igitur divinarum scripturarum solertissimus indagator, qui primo totas legerit, notasque habuerit, etsi non dum intellectu, jam tamen lectione, duntaxat eas quæ appellantur canonicæ.
The Canon of the Old and New Testaments Ascertained, or The Bible Complete without the Apocrypha and Unwritten Traditions.
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The original claim by the present plaintiff against the appellants was one for money lent in the sum of ￡500,000.
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So in the instant case after receipt of the final certificate which quantified those claims left unquantified by the Engineer's decision, the appellants gave notice to the Engineer of a dispute in relation to quantification.
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In essence, therefore, what the appellants provide their customers with is a place to keep their caravans for holiday use and not permanent residential use.
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The appellant was a domestic employee in the hospital, whose duties included such tasks as taking water to the patients.
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The defendant did not commence proceedings against the appellant until 7 March 1988.
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Of course, appellants did more than receive and peruse the copies of the documents taken from appellee's files; they published excerpts from them in the national press.
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For all these reasons, we consider that the jury's verdict in respect of this appellant was safe, and that her appeal must be dismissed.
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Colonia hominum maleficorum y qua Britanni littoris orientalis infulae immenfae, No - vae Hollandiae partem y quam New - Southwaler appellant more Europaeorum colere inftitue* runt, die XX m.
Bibliotheca historica
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The appellant absconded shortly before the conclusion of his trial, and was re-arrested only in March 2000.
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There was no dispute about the appellant's intention being permanently to deprive Mr. Occhi of the money.
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The Appellant lodged her appeal with the Care Standards Tribunal on 28 June 2004, claiming that the allegations of misconduct were unproved and malicious.
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The appellant did not testify and no evidence was called on behalf of the defence.
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As the recitals to the Policy make clear, the appellant by virtue of the Policy is entitled to be a member of the Society.
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The appellant was convicted of wounding with intent.
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Our law allows an appeal to be brought against a murderer by the widow, or next heir, of the person murdered, yea, though the murderer have been acquitted upon an indictment; and, if the murderer be found guilty upon that appeal, execution shall be awarded at the suit of the appellant, who may properly be called the avenger of blood.
Commentary on the Whole Bible Volume I (Genesis to Deuteronomy)
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The appellant met all three complainants in turn on that beach.
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Accordingly, the Respondent decided that the bank did not owe the appellant any money in unsettled bills.
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The appellant was sentenced to a concurrent term of 5 years for the lesser offence of simple wounding.
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In The Edison [1933] AC 449, the appellants, whose vessel had been fouled by the respondents, claimed damages under various heads.
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Against that background, the jury ought to have been directed that, unless satisfied beyond reasonable doubt that the advances were not loans, the appellant was entitled to be acquitted.
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Judge Maddocks rejected that contention and dismissed the appellant's appeal.
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I understand that, and let that be accepted, but we have to test your propositions and those of the appellant against what Justice McHugh called the fly-by-nights, and they exist, Mr Tracey.
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The appellant's explanation to police was ‘I was chasing goats’.
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The principal authority on which we rely for that view is conveniently set out in the bundle of materials that the appellant has provided to the Court.
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The appellant applied for judicial review to quash this decision.
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In an opinion as to the prospects of an appeal, Mr Birnbaum QC, who defended the appellant at trial, stated that the summing up afforded no grounds for criticism.
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It is plain to me that there is a sufficiency of state protection available to this appellant should she be returned to Albania.
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In this case, it is not suggested that Constable Bishop's actions were justified by the appellant's arrest on the outstanding warrant.
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That put the appellant in an invidious position.
Times, Sunday Times
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Why is it not defamatory and why could not the appellant have recovered, in New South Wales, aggravated damages by reason of the psychiatric harm that she said she suffered?
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Special considerations: there was no indication that the appellant was suffering from psychiatric disorder.
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Under the agreement the appellant was entitled to paid annual leave but not to sick pay.
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The Adjudicator concluded that there was a sufficiency of protection available for the Appellant in his home area.
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I am not satisfied to the appropriate standard of proof that this appellant is of Eritrean ethnicity.
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The appellant suffers from paranoid schizophrenia which is a mental illness within the meaning of the Mental Health Act 1983.
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The appellant's second ground of appeal is that the respondents are not suitable to be the donor's attorneys.
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At about this time the plaintiff became suspicious that the appellants were minded to sell the property at Westbourne Grove.
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I regret to say that I did not find the appellant to be a credible witness at all.
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It is also to be borne in mind that the appellant's family comprise his parents and three siblings.
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The Appellant owns and uses two tractors for the purpose of his business of emptying cesspools and discharging the waste on agricultural land.
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In their grounds of appeal the appellants contend that the trial judge was wrong to rule as he did.
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The appellant was 51 years of age at the time and an English instructor at a local college.
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The complainant's credibility is central to the issue of the appellant's guilt.
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The facts, as presented, suggest that the appellant was the unwitting user of counterfeit currency.
The Volokh Conspiracy » Jurisdiction v. Justiciability:
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The party appealing is the appellant or petitioner; the other party is appellee or respondent.
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The Appeals Chamber may dismiss the appeal, or acquit the appellant, or order that the accused be retried, or change the sentence.
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The appellant syllogizes that because in this case the pursuit of a wrongful death action was part of the unfulfilled duties of the personal representative, the powers of the personal representative endure until the completion of the wrongful death action.
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MGA: The Seventh Circuit has repeatedly held that district court opinions are not precedential and it actively discourages district courts in the Circuit from citing district court opinions. yeah, I saw one where Easterbrook held the appellant had “waived” an argument because all he cited was district court decisions.
The Volokh Conspiracy » District Court Opinions Precedential Within the Same District?
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There was evidentially speaking a head-on collision between the appellant and the principal prosecution witness.
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Dr. Alfred G. Moses, appellant, v.Dr. J.S. Tarwater, superintendent of Bryce Hospital, appellee: Appeal from the circuit court of Tuscaloosa County, Alabama ...
Let them know
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Two bearer shares were allocated to Hemery and then transferred to trusts of which the two appellants and Baber were settlors.
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No new beneficial interest is created in favour of the appellant or anybody else, and the property remains subject to the same trusts as it did before the instrument was executed.
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All appellants made statements to the police against Ashton and Webber.
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The appellant was charged on a separate indictment with criminal involvement in the two drug importations in April and May 1996.
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I was sure the appellant was innocent, but it was another ten years before a differently constituted court quashed the conviction after a further reference.
Times, Sunday Times
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The letter also contained references to drugs and matters that would have been prejudicial to the appellant.
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The appellant was the plaintiff in an individual action in New York who became a member of the class and objected.
NY appellate court keelhauls Pirate's Booty settlement
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I find, however, that the Respondent's action in seeking to remove the Appellant is in accordance with the law and has the legitimate aim of the maintenance of immigration controls.
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It is clear from the affidavits of counsel who appeared for the appellant at his trial that considerable efforts were made to assemble expert evidence for the defence.
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At the trial before His Honour Judge Pitchers the prosecution relied on expert evidence in relation to other documents alleged to have been written by the appellant for comparison purposes.
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The conclusion of the prosecution case were interviews that the police had had with the Appellant.
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The rule has little force in circumstances such as the present where injunctive relief to prevent unconscionable conduct is the only substantive claim I can discern to be available to the appellant.
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That made the deceased angry and he shouted at the appellant.
Times, Sunday Times
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The tape of the police interview of the appellant was to be transcribed, agreed, filed and served.
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Particularly in view of the attitude that the appellant adopted during his interviews with the police, he is only entitled to a modest discount for his plea.
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The victim surcharge payment order is also rescinded, and if monies were paid by the appellant, they are to be returned to him forthwith.
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This is not a case where the first appellant was negligent in the conduct of the operation.
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However, it was clear that the appellant did qualify for a custodial sentence under Criminal Justice Act 1982.
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So it was the one act of the appellant that attempted to take possession of the drugs.
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Following a conversation with the appellant, the respondent had invoiced him for £350 and been paid that sum.
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The respondent owed the appellant only the ordinary general duty of care owed by an occupier to a lawful entrant.
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There were only a small minority who had demonstrated a change for the better and gone on to lead lawful and purposeful lives and he strongly believed that the appellant was a changed person who had realised the gravity of his index offence and if given a chance would prove himself worthy of trust.
Home Office Shenanigans: It's Just Not Cricket
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Counsel for the appellants argues that those words are not sufficiently precise to exclude liability for negligence.
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However, before the appeal against sentence could be relisted, the appellant absconded from prison and remained at large.
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The magistrates found that P.C. Donohoe was trying to establish the ownership of the laptop computer at that stage and there was no requirement for the appellant to be cautioned.
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The appellant was informed that he had been clocked at 97 kilometers in a 50 kilometer per hour zone.
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There should be a declaration that Mrs Clay holds a one undivided fourth share in Queenslea Drive on trust for each of the three appellants.
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The attorney for the appealing party (the appellant) and the attorney for the party who won in the lower court (the appellee) file briefs, or written arguments, with the court of appeals.
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That company went into liquidation and she and the appellant then decided to market such a course themselves.
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The appellant had not been required to surrender to the Central Criminal Court and the question of granting bail did not arise.
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It is not to the point that the appellant was unco-operative or even unreasonable.
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At an early stage the jury were told of the appellant's previous convictions.
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The confession made by the appellant on the morning of the murder, when he was calm, sober and explicit, stands uncontradicted.
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The appellant now appeals against sentence by leave of the single judge.
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He believed the complainant, disbelieved the appellant saying his evidence did not raise a reasonable doubt.
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We furthermore do not think that there is any evidence that the police in some way misconducted the inquiries during the period between the appellant being interviewed and the appellant being charged.
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In Taylor House, where all sides concede that appellants will exaggerate, embellish and tell outright lies, his story is pretty tame.
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It had not been suggested by the appellant that there had been intentional infliction on him of pain by a public official.
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Hellesponto, quòd plurimi modò appellant brachium sanctì Georgij, et aliqui Buke, Troia vetus.
The Voyages and Travels of Sir John Mandeville
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Her evidence was that as they walked in the park, the appellant steered her off the footpath onto the grass.
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He could not see what happened to pupils who stood behind the appellant's desk.
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The appellant was walking towards her on the side of the roadway but near the edge of the bitumen carriageway.
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The minister contends it is not the legislation that causes the eviction of the appellants.
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No, but the appellants are not asserting an exclusive right to make decisions with respect to the land, even in their notice of appeal.
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Those events occurred in court before Reynolds had provided a statement to the police of his knowledge of the activities of this appellant.
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The appellant was convicted of smoking in a railway carriage, in breach of a by-law made by British Railways in 1965.
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The appellant in the present instance asks that her case be approached as a case of delict [i.e. tort], not as a case of breach of contract.
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* Rationales quoque aliae creaturae, et de bono in malum sponte propria profluentes, spiritus pessimi et spiritus appellantur immundi; sicut ibi, Cum autem spiritus immundus exierit ab homine:
Pneumatologia
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Sam was duly tried and convicted on the conspiracy count but the Appellant was not called as a witness at that trial.
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PC Dunn suggested that the appellant's demeanour was jittery and very uneasy.
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There is a paragraph in the appellant's submissions that refers to the unacceptability of simply allowing a person to languish in detention.
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Accordingly, no profit costs should be allowed to the appellants for work done by their partnership.
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Counsel set out parts of the appellant's proof of evidence available at the trial.
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I have accepted that the appellant was detained and assaulted whilst in detention.
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Miss Dobbin submitted that the question for this court is whether, by reason of the passage of time, it would be unjust or oppressive to extradite the appellant.
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The Court of Appeal allowed the appellant's appeal against conviction of committing an act of gross indecency.
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Accordingly, the conclusion has to be that a knowing breach of the order by the appellants has not been proved.
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On the following day the appellant was arrested and he then made a full and frank admission.
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The administrative appellant, intervenor appellant, or administrative appeal representative may file an application for view, cite or copy for such evidence materials stipulated in last Paragraph.
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Several bystanders witnessed the incident and said that the appellant appeared calm afterwards.
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The research papers relied on by the Appellant, although of some evidential value, are very general and speculative.
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The appellant never himself gave evidence to support the alibi.
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The appellant knew how he had behaved towards the complainants.
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The removal of the appellants has the legitimate aim of maintaining such control.
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The appellant was not seeking to appeal against any opinion.
Times, Sunday Times
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The appellant never received an acknowledgement of his application.
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The appellant was adamant that he had fled and left Burma on the same date, namely 5 August.
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The emphasis of the defence case was that the appellant had stabbed the deceased accidentally whilst acting in self defence.
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Whilst in custody the appellant said in conversation that although she had the knife and did stab the driver they had only intended to rob him and not to kill him.
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Nor will it assist the appellant if it falls within the first class, since he was not the original covenantee.
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Compromise and concession can be difficult for the appellant and the court had many concerns about his veracity.
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This is a case of an omission or omissions by the appellants as the respondent's solicitors: the failure to prosecute his claim with due diligence which led to his counterclaim being struck out.
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Up to this time the appellant's conduct in relation to the fire was not open to criticism.
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I will order the appellant to pay costs in the sum of £4,500.
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That the appellant notary acted in accordance with the then general notarial practice does not seem to be contested.
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Des filles du peuple et de la campagne s'appellant _çalles_, à cause de la "cale" qui leur servait de coiffure.
Character Sketches of Romance, Fiction and the Drama, Vol. 1 A Revised American Edition of the Reader's Handbook
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The Crown had to take that statement as a whole so that the version of facts that it contained at once implicated and tended to exculpate the appellant.
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It is simply fanciful to suppose that the jury might have held the Side Agreements against the appellant as critical evidence to show his knowledge that these annuities were sham.
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The Appellant contended at trial that he left the surety's home on a medical emergency and that during his absence, he was in hospital.
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Some of these difficulties melded or contributed, in some respects, to some of the behaviour exhibited by the appellant in relation to his contacts with the complainant.
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So it could not have been the real reason for the appellant's having the indecent photographs.
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On the first, if the appellant is right, he is entitled to an acquittal.
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The order should be expressed in simple terms, easily understood even by those who, like the appellant, are not very bright.
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The trial judge found that the appellant was unresponsive at times to English statements made by the police officers.
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The appellant never received an acknowledgement of his application.
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The Appellant was tried by His Honour Judge Cavell and a jury between 15th and 26th November 1999.
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The appeal, however, was allowed upon another ground which the Court does not need to trouble itself with, that is, that the judge misdirected the jury upon the appellant's unsworn statement.
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The appellant never received an acknowledgement of his application.
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A careful consideration of all the relevant objective evidence indicates to us that the present conditions pose no risk on removal to persons like the appellant.
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Inconsistencies between the account given by the appellant and that given by Sharpe are also relied on.
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It follows, in my judgment, that this evidence was rightly admitted and the appellant was rightly convicted.
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The manner in which the trial had been conducted meant that it was necessary to do so in order to introduce legitimate examination of the appellant's evidence at the first trial.
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The first respondents to the appeal must pay the appellant's costs of the application.
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It is not the function of this Tribunal to comment on whether the unfair dismissal claim lodged by the Appellant was justified or not as the matter was settled.
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Having found there was a case to answer the trial continued and we found the Appellant guilty on all 5 counts.
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But the question of whether the appellants' convictions were unsafe is a matter of English law.
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Nonetheless I do not accept the appellant's explanation concerning his passport.
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On the issue of persecution and ill-treatment I find that the Appellant is a credible witness.
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The appellant argues that a trier of fact cannot use such evidence to assess the general credibility of the accused by inferring from the bad character of the accused that she is not likely to tell the truth.
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She gave a description of the robber which described him as being broad shouldered and stocky, which the appellant was not.
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OUTCOME: Judgment affirming the denial of appellant corporation's motion to dismiss an order and notice of assessment of delinquent contributions entered by appellee state was affirmed.
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On this appeal, we have had the assistance of leading counsel for both the appellant and the Crown.
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This condition was caused by taking insulin and failing to eat which gave rise to a deficiency of blood sugar causing the appellant to be unaware of what he was doing.
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That put the appellant in an invidious position.
Times, Sunday Times
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The question of whether the risk to national security is sufficient to justify the appellant's deportation cannot be answered by taking each allegation seriatim and deciding whether it has been established to some standard of proof.
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The deceased was last seen and heard of when he said he was going to meet the appellant.
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In passing sentence the judge said that the appellant had an appalling record.
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I was sure the appellant was innocent, but it was another ten years before a differently constituted court quashed the conviction after a further reference.
Times, Sunday Times
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He objected to the admissibility of the paternity test, asserted that he stood in loco parentis to the child, and argued that public policy prevented appellant from bastardizing the child.
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I consider however that a means of overcoming the problem should be feasible although it may involve land lying between the appeal site and the river that is not in the control of the appellant.
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The Judge said that it was of very great importance that the Appellant had pleaded guilty.
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The appellant's solicitor swore an affidavit as to why the witnesses were not called at the trial.
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The appellants had responded but in essence no information was forthcoming.
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The Appellant states that he was not asked much about how he was tortured.
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Ab eo, quod est _ago_ et _egi_, verba sunt quae appellant grammatici frequentativa, _actito_ et _actitavi_.
The Roman Pronunciation of Latin Why we use it and how to use it
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That the appellant notary acted in accordance with the then general notarial practice does not seem to be contested.
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There was no forensic advantage to the appellant by not having a warning in this case.
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The appellant's arrest and police interview in 1998 are considered below in the context of the evidence relating to Harry.
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Did it place “undue pressure on the appellant to forego due legal process” in the UK and so disentitle itself from pursuing extradition proceedings?
Archive 2008-07-27
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There were three counts in the indictment of which the appellant was convicted on two.
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Further, his Honour Mr Justice Mason observed that his Honour Judge Phegan acquitted the appellant of negligence as regards the failure to provide around the clock invigilation.
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Next, however, Mr Hardy points out that the killing which was being investigated was not justiciable in this country, and that the appellant could never therefore have been arrested here.
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First, when considering the first prong of the test he deals with the differing conduct of the various appellants as if it were all essentially the same conduct.
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In the event, no evidence was given by the complainant or the appellant about these matters.
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The police did not want him to appear for the appellant, he said.
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The appellants dispute this contention by reference to the principle as formulated by them.
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In the event, no evidence was given by the complainant or the appellant about these matters.
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Accordingly, the precise level of dealing of which they were aware would not materially affect the steps the appellants left untaken on which the prosecution relied as demonstrating unwillingness to prevent drug dealing.
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The jury could accept the admissions made by the appellant in the course of the interview with police officers.
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In that case the appellant had been convicted of assault occasioning actual bodily harm by harassing his female victim.
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This appellant's convictions are safe, and his appeal against conviction is dismissed.
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The appeal, however, was allowed upon another ground which the Court does not need to trouble itself with, that is, that the judge misdirected the jury upon the appellant's unsworn statement.
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If on the other hand she is to be regarded merely as making submissions they can bear very little weight as they were unsupported by any evidence (even a witness statement) from the appellant or documents from Colombia.
