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Can state court cases be appealed beyond the state supreme court?
Wiki User
∙ 6y ago
It depends on the circumstance.
If the issue in question (the issue that caused the appeal) is an error regarding state law, then the state supreme court would be the final appeal.
If the issue in question is an error regarding federal law, then the case could potentially be appealed to the United States Supreme Court.
For example:
If the appeal is based on a misinterpretation of the elements of a crime, the issue is with the state government. If the trial judge convicted someone of burglary, when the elements of burglary were not met, the state supreme court would be the final appeal. This is because the crime of "Burglary" is based on state law. The federal court system does nothave the ability to interpret state laws.
However, if the appeal is based on a violation of U.S law, the issue is with the U.S government. If the trial judge convicted someone of burglary, but the evidence was illegally obtained, the case could potentially be appealed to the United States Supreme Court. This is because the rules of evidence collection is based on federal law (The 4th and 14th Amendments to the U.S Constitution). The federal court system does have the ability to interpret Federal Laws (obviously).
So, in the first example, the case would start out in a
1. Trial Court (or a normal court)
Then, could potentially be appealed to the
2. State Appellate Court
And, afterward, may potentially be appealed (again) to the
3. State Supreme Court
Whereas, in the second example, the case would start out in a
1. Trial Court
Then, could potentially be appealed to the
2. State Appellate Court
Then, potentially the
3. State Supreme Court
And the final appeal could be toward the
4. United States Supreme Court
However, keep in mind that these appeals are not automatically accepted. The appellate courts are certainly capable of rejecting the appeal.
Wiki User
∙ 6y ago
Wiki User
∙ 12y agono it is the highest court in all of America
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What cases does the Supreme Court go over?
Cases that appealed from the court of appeal.
Why can court decisions be appealed?
In brief, yes a court decision can be appealed. In some cases appeals have reached the Supreme Court level.
What does Supreme Court judges do?
A Supreme Court judge hears cases that have been appealed. As the highest court in the nation, the goal is to uphold the Constitution.
What kind of cases does Supreme Court Hears?
The Supreme Court hears three kinds of cases. Cases appealed from lower federal courts account for two-thirds of the cases they hear. They also hear cases appealed from state's supreme courts, and sometimes hear cases that have not been previously heard by a lower court, such as between one state's government and another.
Can there be an appeal from a federal court?
The highest court is the Supreme Court, but not all cases can be appealed to the Supreme Court; it depends what kind of legal issues are involved. Otherwise, the case can be appealed to a Federal Appeal Court. If you can afford the legal fees, of course.
Which court is known as the GI Supreme Court?
The US Court of Appeals for the Armed Forces Since cases can be appealed to the US Supreme Court from the Court of Appeals for the Armed Forces, it is really not the equivalent of a supreme court.
Who goes to the Supreme Court in New Zealand?
All cases that are appealed from the Court of Appeal go to the Supreme Court. First you must seek leave (permission) of the court to make your appeal, however.
Which court could declare final word on constitutionality of Federal law?
The highest court in the United States is the United States Supreme Court. No case may be appealed beyond the Supreme Court's jurisdiction, and the court's decision is final.
Where does a case go after the state Court of Appeals?
The trial phase ends at the US District Court level (or equivalent state trial court). Appeals to the federal US Court of Appeals Circuit Courts (or intermediate state appellate courts) are based on questions of process, law or constitutionality. The case is not retried; appellate courts do not render decisions about the defendants' guilt or innocence.After the intermediate appellate courts, federal cases may be petitioned to the US Supreme Court; state cases may be appealed to the state supreme court (or equivalent). If a state case involves a preserved federal question (matter or federal or constitutional law) it may be appealed to the US Supreme Court after the state supreme court hears or denies hearing on the case.Both the US Supreme Court and state supreme courts (or equivalent) have discretion over which cases they hear (although state supreme courts may have mandatory jurisdiction over certain cases, such as death penalty cases).
What cases are heard in the supreme court?
The Supreme Court decides cases that are appealed by a lower court; a lower court has made a decision and one of the parties feels strongly enough that the decision was wrong that they make an appeal to the Supreme Court. The Supreme Court reviews the cases and determines which ones they will hear, they have the ability to decline to review a case. The Supreme Court doesn't hear only appeals, there are situations where it is the court of original jurisdiction. In situations where there is a disagreement between states, the Supreme Court has the authority to decide.
What types of court cases does the Supreme Court hear?
The Supreme Court hears any cases that involve the interpretation of the Constitution.
Can a Supreme Court decision be appealed?
The Supreme Court's ruling is final and cannot be appealed. The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices.
