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The decision of the state court of last resort is not final if all of the following conditions are met:

  1. One of the parties disagrees with the court's decision and
  2. The case involves a preserved federal question*and
  3. A party to the case files a timely petition for a writ of certiorari (request for appeal) with the US Supreme Court and
  4. The US Supreme Court grants certiorari (agrees to hear the case) and
  5. There are no intervening changes in federal law or other issues that render the appeal moot and
  6. 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.

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