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  1. #1
    Join Date
    Dec 2009
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    Default How Do I Appeal to Federal Court if My State Supreme Court Denied My Petition for Rev

    My question involves court procedures for the state of: Wisconsin

    How do I appeal if the Wisconsin Supreme Court denied my petition for review in restraining order case with a fire arm restriction. I want to appeal to the Federal court that on the basis that the restraining order violates my second amendment right. Do I appeal by filing just a civil federal complaint, or would I use writ of certori petition

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: How Do I Appeal to Federal Court if My State Supreme Court Denied My Petition for

    first, it is a writ of certiorari. Second, you do not use a writ of certiorari. The SCOTUS issues a writ of certiorari.,You must petition the court for a writ (if applicable). A petition is used in certain situations where you are asking the courts to review a lower courts ruling. What lower court do you have a ruling from now?
    I suppose you should pay special attention to rule 39.


    Is there some reason you do not believe the Federal Circuit Court of Appeals would be the next appropriate venue?



    rules of the SCOTUS http://www.law.cornell.edu/rules/supct/index.html



    but before you go jumping off that bridge, you really need to research your situation. I am not that good at researching SCOTUS opinions but I suspect your situation has already been addressed.

  3. #3
    Join Date
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    Default Re: How Do I Appeal to Federal Court if My State Supreme Court Denied My Petition for

    Would this be referencing....this?

  4. #4
    Join Date
    Aug 2007
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    3,835

    Default Re: How Do I Appeal to Federal Court if My State Supreme Court Denied My Petition for

    Quote Quoting korarde
    View Post
    My question involves court procedures for the state of: Wisconsin

    How do I appeal if the Wisconsin Supreme Court denied my petition for review in restraining order case with a fire arm restriction. I want to appeal to the Federal court that on the basis that the restraining order violates my second amendment right. Do I appeal by filing just a civil federal complaint, or would I use writ of certori petition

    If the post Dog linked is your issue, the time to file any alleged appeal has long expired.

    Let's assume you were in time, there are sveral issues to contend with.

    1. If you did not cite a federal element on appeal to the WI SC, you could not on any appeal to a Federal Court.

    2. If you are a convited felon, I don't believe you can possess a firearm under federal law anyway.

    Are you a convicted felon?

  5. #5
    Join Date
    Sep 2010
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    19,765

    Default Re: How Do I Appeal to Federal Court if My State Supreme Court Denied My Petition for

    I don't think it's a felony conviction he's got an issue with, it's that most RO's (especially DV ones) also bar gun ownership.
    Not knowing the details of your previous court actions, my only guess if the times have expired is to file a new state case asking for the RO to be modified or lifted, or relief form the gun law. If you get heard (even if you you lose) then you can start up the appeals chain.

    However, I don't give you much hope. A currently valid restraining order, including one you've violated multiple times, isn't going to be either easy to modify nor is much of a basis to challenge the constitutionality of the issue. The constitution doesn't say that you can't have your rights abridged after you've been through the due process (or else we'd never put anybody in jail, or fine them, or execute them, etc....)

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: How Do I Appeal to Federal Court if My State Supreme Court Denied My Petition for

    If you were in the Wisconsin court system, you had a state law issue. You have only one right to appeal and that is to a Wisconsin Appeals Court. Obviously you didn't like their decision. The Wisconsin Supreme Court denied cert. End of story. You can NOT appeal state law issues to any federal court. Period.

    Sure you could file a petition for cert to the US Supreme Court but it would have no chance of being granted.

    If you have federal issues, you can file in U.S. District Court. If you had filed a civil action with state and federal issues in federal court, then the US district court could have heard the state issues too. A state court though can't hear federal constitutional issues.

    You can file separate actions and that is what you will have to do, assuming there is a federal issue and the court has jurisdiction.

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