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"I don't believe that an appeal raises a substantial question of law likely to result in reversal or a new trial," said Judge Holwell, in denying the motion.
Nor does it answer the rather substantial question of how a G.O.P. that embraced economic populism would raise enough money to compete with the new Democratic money machine.
The ruling on Tuesday suggested that lawyers for Mr. Chiasson and Mr. Newman had convinced the judges that there was a "substantial question" of law to be argued on appeal.
The Bail Reform Act, 18 U.S.C. § 3143(b), directs that a defendant begin serving a prison term after sentencing, and that bail should be granted only if there is no risk of flight and the appeal "raises a substantial question of law or fact" that is likely to result in a conviction's being reversed.
Second, the court must find that the defendant's appeal is not for the purposes of delay and that it raises a "substantial question of law or fact" likely to result in a reversal, a new trial, a sentence with no imprisonment, or a sentence less than the total already served, including the expected length of the appeal process.
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They argued that his case raised substantial questions of law that mandated his release until the appeal was resolved.
If a military defendant is suffering from P.T.S.D. or related symptoms, does that fact raise substantial questions of culpability that the judge must take into consideration, even if the defendant has pleaded guilty?
Physicalist David Papineau (1993: 1) has claimed that 'nearly everybody nowadays wants to be a "naturalist", but the aspirants to the term nevertheless disagree widely on substantial questions of philosophical doctrine'.
…There is a substantial and material question of fact as to whether Sinclair affirmatively misrepresented or omitted material facts with the intent to consummate this transaction without fully complying with our broadcast ownership rules.
The draft hearing designation order concluded, based on the staff's analysis, that the record overall does not support a finding that the proposed AT&T/T-Mobile merger would serve the public interest, convenience, and necessity and that the record presents a number of substantial and material questions of fact.
The staff also explains that the economic and engineering models on which the Applicants (AT&T/DT AG/T-Mobile) rely to show consumer benefits are, in the staff's assessment, unreliable and, at a minimum, raise substantial and material questions of fact.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com