Re: Local and State Courts Not Following U.S. Supreme Court Precedent
Although if the ruling was in a different circuit, while it is not controlling law it can be used to support a case in your circuit and if there is no prior conflicting law, there is a good possibility it will be accepted as controlling... If the cases involved are so similar that it is directly applicable. Any variation of the facts can allow for a totally opposite ruling if the judges see it that way.
Re: Local and State Courts Not Following U.S. Supreme Court Precedent
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jk
....there is a good possibility it will be accepted as controlling.
The better word to use is "persuasive", as controlling suggests that the court is obligated to follow the case.
Re: Local and State Courts Not Following U.S. Supreme Court Precedent
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Mr. Knowitall
By and large, judges are bound to precedent by the possibility that they will be appealed and reversed.
Your irrational refusal to ask a meaningful question will prevent you from getting an answer relevant to your situation.
This seems contradictory to your earlier post, stating judges don't get shamed when they get reversed on appeal nor do they make their decisions out of fear of public embarrassment.
I am asking a meaningful question, stated in the first post - it's a general question about the legal system itself and procedure, rather than asking for an opinion about a particular case.
Note I'm aware that state courts don't have to follow Federal circuit courts regarding state law, that's not what I'm asking.
What, if anything, can be pointed to, showing that state courts must follow precedent of the U.S. Supreme Court when it comes to federal laws, constitutional rights, that sort of thing?
Re: Local and State Courts Not Following U.S. Supreme Court Precedent
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I am asking a meaningful question, stated in the first post - it's a general question about the legal system itself and procedure, rather than asking for an opinion about a particular case.
and you were given a complete answer:
as long as one preserves their claim to an appealable issue, the decision can be appealed to a higher court.
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What, if anything, can be pointed to, showing that state courts must follow precedent of the U.S. Supreme Court when it comes to federal laws, constitutional rights, that sort of thing?
nothing in the law is a must. The person, the court, the state, always can do whatever they want regardless what any authority has said about the issue. That simply allows for the aggrieved party to appeal the decision to a higher court.
Re: Local and State Courts Not Following U.S. Supreme Court Precedent
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justmore
This seems contradictory to your earlier post, stating judges don't get shamed when they get reversed on appeal nor do they make their decisions out of fear of public embarrassment.
Can you read? If so, you should be able to figure out that I didn't make that statement.
Re: Local and State Courts Not Following Us Supreme Court Precident
When someone figures out what we ar talking about please clue me in.
Re: Local and State Courts Not Following Us Supreme Court Precident
The guy has refused to clarify the issue elsewhere as well. It appears he is paranoid the courts involved will discover him digging into the situation.
Re: Local and State Courts Not Following Us Supreme Court Precident
From other threads elsewhere, OP appears to be looking for a magic bullet that will solve the problem now instead of using the proper process.
Re: Local and State Courts Not Following Us Supreme Court Precident
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Disagreeable
When someone figures out what we are talking about please clue me in.
Stare decisis - a legal principle by which judges are obliged to respect the precedent established by prior decisions
Maybe it'd be simpler to ask if there are any U.S. Supreme Court cases where the Court has explicitly stated that lower courts are bound to follow established precedent of Supreme Court cases?
Re: Local and State Courts Not Following U.S. Supreme Court Precedent
I wonder if this is the bestiality guy I was answering on another forum.