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The decision of the state court of last resort is not final if all of the following conditions are met:
- One of the parties disagrees with the court's decision and
- The case involves a preserved federal question*and
- A party to the case files a timely petition for a writ of certiorari (request for appeal) with the US Supreme Court and
- The US Supreme Court grants certiorari (agrees to hear the case) and
- There are no intervening changes in federal law or other issues that render the appeal moot and
- The US Supreme Court renders a decision, regardless of whether they affirm (agree with) or overturn the state court's decision.
* A federal question is one involving federal or US constitutional law or a US treaty. Preserved means the question has been raised at trial and at each step of the appellate process.
Wiki User
∙ 12y ago
Wiki User
∙ 15y agoA jury's decision is not final until the acting Judge in the courtroom dismisses and approves their decision.
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