An example of a standard of review used in a court case is the "strict scrutiny" standard, which requires the government to prove that a law or action serves a compelling state interest and is narrowly tailored to achieve that interest.
who decides whether or not the supreme court will review a case
who decides whether or not the supreme court will review a case
Your next step would be to appeal your case to the Court of Appeals for the particular Disctrict Court in which you were convicted. They will review it and either agree to review it, affirm it (they agree with the trial court), or remand it (send it back to the trial couort) for further action.
The US Supreme Court set a standard on the power of judicial review. This meant, that the Court could review governmental actions without a lawsuit to be settled. The Court, on its own volition had the right to review issues that pertained to the US Constitution. In effect, the Court already had the ability or practice of " judicial review". It did not "gain it", it simply used the power the US Constitution gave to the Court.
Here is one example to answer this question. A New York State appellate court can chose to review a case from a lower court or it let the verdict of the lower court stand. If it does agree to review a case where the defendant was found guilty in a lower court, then the case is returned to the lower court. The prosecutor can chose to re-try the case or decide not to. Allot of that decision depends on the reason the appellate has sent the case back to the lower court. If as example, the appellate has ruled that the defendent was not properly read his/her Miranda rights upon arrest, this cannot be corrected so the case most likely will be dropped.
Here is one example to answer this question. A New York State appellate court can chose to review a case from a lower court or it let the verdict of the lower court stand. If it does agree to review a case where the defendant was found guilty in a lower court, then the case is returned to the lower court. The prosecutor can chose to re-try the case or decide not to. Allot of that decision depends on the reason the appellate has sent the case back to the lower court. If as example, the appellate has ruled that the defendent was not properly read his/her Miranda rights upon arrest, this cannot be corrected so the case most likely will be dropped.
Marbury v. Madison is the Supreme Court case that established the precedent of judicial review. John Marshall was the Chief Justice of the court.
If a court decides not to review a case then it actually upholds the decision of the lower court.
The US Supreme Court set a standard on the power of judicial review. This meant, that the Court could review governmental actions without a lawsuit to be settled. The Court, on its own volition had the right to review issues that pertained to the US Constitution. In effect, the Court already had the ability or practice of " judicial review". It did not "gain it", it simply used the power the US Constitution gave to the Court.
An Appeal
To request a case review in court, you typically need to file a motion with the court outlining the reasons for the review and providing any supporting evidence. The motion will then be reviewed by the judge, who will decide whether to grant the request for a case review. It is important to follow the specific procedures and deadlines set by the court for filing motions and requesting reviews.
A writ of certiorari is an order that allows the Supreme Court to review lower court cases. This writ is not limited to the Supreme Court, it may be used by any appellate court needing to review a case.