#apppeal court

[if-you-fan-a-fire]

“Chinese Who Robbed Chemainus Gambler Must Serve Sentences,” The Province (Vancouver). February 4, 1933. Page 16. --- VICTORIA. Feb. 4. Chong Hoy and Jung Hing Kam, who took part as the two protective gunmen in the fusillade of shooting that accompanied the robbery of Quock, a big Chinese gambler at Chemainus recently, must serve their full three-war sentences; also the other three men who actually did the work of knocking the gambler down, stuffing his mouth with grass and then cleaning his pockets of their load of silver half-dollars and quarters, the Justices of the Court of Appeal decided in an unanimous judgment.

[kflores18ahsgov-blog]

Constitutional Issues

1. Immigration and Naturalization Service v. Ventura

2.  This case was decided on Novemeber 4 2002

3.  In 1993, Fredy Orlando Ventura came to the United States illegally because he claimed that his political views made him a target for guerilla armies in Guatemala. In 1998 he requested for asylum which would grant him protection by the nation but the judge denied his request because the political enviroment in Guatemala had changed between the five year time period from when Ventura had arrived. Different opinions between the Board of Immigration apppeals and the U.S Court of Appeals for the Ninth Circuit lead to not being on the same page and a little conflict.

4.  Should an appellate court remand a case to an agency when additional investigation within the agency’s area of expertise may be required?

5.  A factual determination by the BIA must be upheld if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.

6.  The court concluded that Ventura was eligible for asylum and he is also entitled to withholding of deportation because after further looking into the evidence, they determined that Venturas life and family would be in danger. The U.S. Court of Appeals for the Ninth Circuit was “compelled” by Orlando Ventura’s testimony to reverse the lower court’s decision and denied remand to the Board of Immigration Appeals.

7. The Court of Appeals should stick with and continue using the “remand rule” which has already been set

8. I agree with this decision because as presented in this case the new evidence helped with making the ultimate decision and if the “normal” or right way of going at it was to remand and take the case back to the lower court for reconsideration, then that should have been done in the first place.

[shamefulright]

The Health 202: Here are all the ways a court could stymie Obamacare A federal apppeals panel is expected to rule any day on a challenge to the ACA's constitutionality.

[omokoshaban]

Obong Bassey Albert remains Senator for Akwa Ibom North East (Uyo) Senatorial District.

Obong Bassey Albert remains Senator for Akwa Ibom North East (Uyo) Senatorial District.

Senator OBA vs Bassey Etim, Ors 

At the resumed hearing of the Appeal by Senator Bassey Albert (against the judgment of the Federal High Court sitting in uyo in favour of Mr. Bassey Etim) the court frowned at the attitude of counsel to wait for the eleventh hour to file processes  in the apppeal CAC/C/104/2017 which was filed by the PDP against the same judgment, therefore making it impossible…

[if-you-fan-a-fire]

“Rev v. William Martinow - At Osgoode Hall,” Toronto Globe. April 26, 1932. Page 10. --- Apppeal by accused from his conviction before Raney, J., at Brantford, on March 23, on a charge of offering a bribe to a peace officer. Accused was charged with having approached the Police Court Clerk, and reported and requested that he should make certain evidence look good for him, and he would see that he ‘ot a good holiday.’ He was sentenced to two years’ imprisonment, and appealed on the ground that the alleged attempt to bribe was not of an officer as covered by Section 137 of the Criminal Code and that there was no evidence that the accused knew the official position of the person approached. W. S. Brewster, K.C., for accused; Joseph Sedgewick for the Crown. Appeal argued and dismissed.

“TO KINGSTON,” Brantford Expositor. April 29, 1932. Page 6. ----  Wm. Martinow, whose 'appeal' against conviction of two years was dismissed, will start for the Kingston penitentiary to-morrow to complete the sentence. He has been a thorn in the side of the city and provincial police and also that of Excise Officer Newsome for some years. Chief Stanley stated that the man had been In this city for many years, had never worked to his knowledge, but had much property and had also paid out much money for fines and legal assistance.

[AL: Martinow was born in Russia, but had immigrated many years before, was 42 and married, listed his employment as ‘labourer’ and could read and write a small amount of English; he had previously been in the Guelph Reformatory. He was convict #2626 at Kingston Penitentiary, worked in the canvas shop, but was transferred June 1932 to Collins Bay Penitentiary (the minimum security unit), becoming convict #402. He was paroled from there in September 1933.]