Dr Wanyama appealed the case to the Board of Immigration Appeals, where he also claimed the judge violated his due process rights by delaying his decision and reopening the case sua sponte
(without formal prompting from another party) in December 2009, thereby allowing the US government to present evidence of recently improved country conditions in Kenya.
The Appellate Practice Section of the MSBA submitted an amicus brief in Vasko addressing the procedures an appellate court should follow if it decides sua sponte
to consider an issue not briefed by the parties.
1-4-1) (6 pages) (defendants appeal from a Superior Court order revoking his probationary sentence and imposing his suspended house of correction sentence; defendants claim that (1) there was insufficient evidence to support the revocation of his probation; (2) the hearsay considered by the judge was unreliable; and (3) the judge erred in continuing the hearing after the commonwealth rested, and by ordering sua sponte
that additional evidence and witnesses be produced at the continued hearing) (No.
The order denied plaintiff's motion for summary judgment, granted defendant's cross motion for summary judgment dismissing the complaint, and, sua sponte
, awarded defense counsel $250 in "fees.
The majority stated that it refused to follow his approach because the parties did not brief it and because it was sua sponte
scientific research with no scientific review.
In 2016, after Citigroups motion was fully briefed, Judge Kaplan of the Southern District of New York sua sponte
remanded the case back to state court for lack of subject-matter jurisdiction.
Soft invitations might also be normatively desirable as a release valve for the pressure Justices feel to issue a sua sponte
ruling on a topic that was neither briefed nor argued in order to assure the accuracy and longevity of their precedents.
Judge Contini's division--the criminal division--was essentially frozen, yet he neither recused himself sua sponte
nor sought an administrative transfer," the court said.
The committee reviews informal written opinions issued by the Bar's ethics attorneys and reconsiders them sua sponte
if the committee deems appropriate or if the inquiring attorney seeks review of the informal staff opinion.
44) The court also accepted part of the blame, noting its failure to inquire, sua sponte
, into its subject matter jurisdiction.
And 'when there is doubt about a party's constitutional standing, the court must resolve the doubt, sua sponte
if need be.
In addition to networking and team-building, Legion Operating Training Group will also help Electric Membership Corporation raise awareness for the Sua Sponte
Foundation, a non-profit organization which helps US Army Rangers and their families in times of need.