Appeal from State Supreme Court?

This is a discussion on Appeal from State Supreme Court? within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; Where does one appeal from a State Supreme Court?...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Sep 23rd, 2009, 05:04 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Appeal from State Supreme Court?

Where does one appeal from a State Supreme Court?
  Reply With Quote
Sponsored Links
Top crime attorneys
Old Sep 23rd, 2009, 06:47 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Appeal from State Supreme Court?

Never mind..Got my answer..
  Reply With Quote
Old Sep 23rd, 2009, 07:14 PM   #3
Forum Administrator
 
forum_admin's Avatar
 
Join Date: Jun 2007
Posts: 1,242

Default United States courts of appeals



1st Circuit · 2nd Circuit · 3rd Circuit · 4th Circuit · 5th Circuit · 6th Circuit · 7th Circuit · 8th Circuit · 9th Circuit · 10th Circuit · 11th Circuit · DC Circuit · Federal Circuit · Armed Forces1st Circuit · 2nd Circuit · 3rd Circuit · 4th Circuit · 5th Circuit · 6th Circuit · 7th Circuit · 8th Circuit · 9th Circuit · 10th Circuit · 11th Circuit · DC Circuit · Federal Circuit · Armed Forces

Source: Wikipedia
forum_admin is offline   Reply With Quote
Old Sep 23rd, 2009, 07:26 PM   #4
Forum Administrator
 
forum_admin's Avatar
 
Join Date: Jun 2007
Posts: 1,242

Default Re: Appeal from State Supreme Court?

Quote:
Originally Posted by Unregistered View Post
Where does one appeal from a State Supreme Court?
In the United States, the state supreme court (known by various names in various states) is the highest state court in the state court system.

Generally, the state supreme court is exclusively for hearing appeals of legal issues. It does not make any finding of facts, and thus holds no trials. In the rare case where the trial court made an egregious error in its finding of facts, the state supreme court will remand to the trial court for a new trial. This responsibility of correcting the errors of inferior courts has resulted in a variety of names for state supreme courts.

Under American federalism, the interpretation of a state supreme court on a matter of state law is normally final and binding and must be accepted in both state and federal courts.

Federal courts may only overrule a state court when there is a federal question, which is to say, a specific issue (such as consistency with the Federal Constitution) that gives rise to federal jurisdiction. Rulings of state supreme courts on such matters may be appealed directly to the Supreme Court of the United States.

One of the informal traditions of the American legal system is that all litigants are guaranteed at least one appeal after a final judgment on the merits. However, appeal is merely a privilege provided by statute in 47 states and in federal judicial proceedings; the U.S. Supreme Court has repeatedly ruled that there is no federal constitutional right to an appeal.
forum_admin is offline   Reply With Quote
Old Sep 23rd, 2009, 07:33 PM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Appeal from State Supreme Court?

The state's top court may be the end of the road unless you have a federal issue that is at least partially involved, or in limited other circumstances.
  Reply With Quote
Reply

Bookmark & Share

Tags
appeals of legal issues, court system, federal courts, us legal system

This thread has 4 replies and has been viewed 91 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
DA responds to OJ's appeal to state Supreme Court (AP) Yahoo!_news Crimes and Trials News 0 Sep 11th, 2009 11:10 PM
Nevada Supreme Court to weigh OJ release on appeal (AP) Yahoo!_news Crimes and Trials News 1 Aug 3rd, 2009 02:24 PM
Has the Supreme Court Already Had a Hispanic Justice? WSJ_law_blog Law News 0 May 12th, 2009 03:30 PM
Law Beyond Supreme Court mazBut Civil Litigation 1 Jan 24th, 2009 05:57 PM
Texas Not Done Fighting, Takes Custody Case to State Supreme Court WSJ_law_blog Child Custody & Support 0 May 23rd, 2008 03:30 PM


Top crime attorneys


All times are GMT -5. The time now is 11:55 PM.