What does remand to file mean in the state of Mississippi?
What does 'remanded' mean?
In legal terms it can mean to "place into custody" or to send a case back to a lower court for some further action.
When case is remanded means what?
Answer 1 .
A layman's answer is that it means that the court doing the remanding orders the case go back to a lower court for reconsideration.
What does remanded to sentencing mean?
If an appeals court determines that the sentencing court committed an error in either the findings of guilt (to any of the charges) or the severity of the sentence, then it ma…y send the case back to the sentencing court to re-sentence. This repeat of the sentencing process is called a "remand.".
Two examples. John Smith is convicted of 3 crimes at his criminal trial. The court of appeals detemines that his constitutional rights were violated as to 1 of the 3 crimes. The court of appeals reverses - or sets aside - that 1 crime. The court of appeals then "remands" the case back to the trial court (usually a judge; sometimes a new jury for only a new sentencing argument)..
Jane Doe is convicted of 1 crime, a first offense, known as a "wobbler," and offense that can be charged either as a misdameanor or a felony. The prosecution charges her with a felony, and makes inflamatory statements in its sentencing argument. Jane Doe is sentenced to 3 years in prison. The Court of Appeals does not disagree with the finding of guilty, but determines the sentence is disproportionate to her crime. It may remand the case for a new sentencing procedure (usually with some dicta instructions or guidelines).
What does Reversed and remanded mean?
A reversed and remanded law case has been granted certiorari. Inother words, the Supreme Court has reversed it, but also given itback to the lower court for another decision.
What does it mean when a case is vacated and remanded?
Previous answer was partially right. The "reverse and remand" or"vacate and remand" are from an appellate court decision based on aprevious courts decision. Remand has nothing… to do with "remanding"the person into custody, and the judgment of reverse or vacate canapply to either te sentencing / convinction or both, but it is notseperate. ( reverse doesn't just apply to crime and remand apply tosentencing ) When a sentence is vacated, it means the previouscourts decision is void. When it is "reversed" it means theprevious court was wrong, and the opposite decision should havebeen affirmed. However, Once a decision is made, the remedy oractions to correct the wrong judgement must also be re-addressed. (I.E. you get wrongfully convicted of 1st degree murder, but stillcommitted a crime resulting in death) Once the decision that your1st degree murder charge was erroneous is made, your case (Not yourperson) is remanded (or sent back) to the previous court, to eitherretry the case based on the new info from the appellate court, oris remanded to a previous court to correct sentencing based uponthe findings of the appellate court. judgement affirmed means thatnothing needs to change and no errors were made in the previouscourts procedure / decision.
What does remanded to file mean?
Dismissed
What does remand means?
A case that is remanded is sent back to the lower court for a final decision. The appeal court who issues the remand has made a decision on some issue in the case, but has det…ermined that the lower court is better able to decide the main issue: guilt/innocence, liable/not liable, etc.
When a case is Reversed and Remanded what does that mean?
When a case is decided by a trial court, the losing party may appeal the case to an appellate court. If the appellate court finds that the trial court made a mistake, as a mat…ter of law, then the judgment may be reversed meaning that the court is invalidating the trial court's decision. It is then remanded, meaning sent back to the trial court, so that a judgment in the losing party's favor will be recorded.
What does it mean if a judge remands a case?
It sends the case back to the lower court.
What does remand in custody mean?
It means to order someone returned to full custody (usually associated with ordering someone back to jail).
What does it mean when a state supreme court decision is reversed and remanded with directions?
It means the US Supreme Court disagreed with the decision of the state supreme court on that particular case, and sent the case back to the state court with specific instructi…ons on what action needed to be taken to correct the problem.
What does the Mississippi state flag mean?
It represents freedom
Answered
What do Remanded for findings mean?
Appellate and supreme courts do not generally make "findings of fact." That means they don't think about issues of witness credibility, specific damage amounts, what the condi…tions of a road were at a particular time, etc. Those jobs are reserved for the trial court. An appellate/supreme court will remand for findings when it wants to send the case back to a trial court for the trial court to get more information before reaching its verdict.
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In Criminal Law
What does it mean when someone is remanded?
To remand, in general, means to send back. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court. In a crimin…al matter, a judge may remand into custody a person accused of a crime if, the judge finds that a there is reason to hold the accused for trial.
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What does annulled and remanded mean?
Not enouigh information is given to know in what context this phrase is being used. It can have several meanings depending on the circumstances in which it is applied.
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In Definitions
What does the word remand mean?
1.to send back, remit, or consign again..
2. Law. a. to send back (a case) to a lower court from which it was appealed, with instructions as to what further proceedings s…hould be had..
b. (of a court or magistrate) to send back (a prisoner or accused person) into custody, as to await further proceedings. .
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In Mississippi
What does Mississippi state flower mean?
Magnolia is the official stateflower for Mississippi.