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  1. #1

    Default When is Out-of-State Case Law Valid in an Appeal

    My question involves criminal law for the state of: new jersey. I'm doing a motion for reconsideration of an Appeal I fought (and lost). In researching case law to substantiate my argument, I found a new jersey appellate opinion that was published after the date of my Appeal Oral argument (and after their decision to affirm). Can I cite this case as applicable and controlling? also, what about Appellate opinions that are "not released for publication" (but readily available on googal scholar or fast case or any other search). Can these cases be cited as controlling? what is the deal as to cases that are published or not yet released for publication??

  2. #2
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    Default Re: When is Case Law Valid in an Appeal

    You can cite whatever you want, but Arizona case law has no precedential effect outside of Arizona. Unpublished cases generally also have no precedential effect, although if from the same state they can sometimes be persuasive. In many states, if you cite an unpublished case you have to attach a copy to your brief. Read your state's rules of procedure. Some pro se materials are here.

  3. #3

    Default Re: When is Case Law Valid in an Appeal

    Mr. Knowitall - you are awsome. thank you for your help. I'll check that link. I'm working with fast case right now and finding some stuff. can you answer on the timing? if a case is published after the trial or the Appeal opinion, should it be considered in a motion to reconsider the appeal or in a higher (supreme court) appeal??

    yes, I used that pro-se kit when i did an appeal years ago. It helped me to creat a professional and persuasive product and it is good in constructing my brief now. Just noticed point about motion to bring in more evidence or remand to lower court to take additional evidence. On this point, would I be motioning the appellate panel to allow me to bring the additional evidence to the Appellate panel or motioning them to remand it to the lower court so they take the evidence and retry??

    coming back to me now reviewing that material. I did my own appeal the first time and did it to the letter of the pro-se kit. but lost and I think because during the appellate review, my Ex tried to drop it so rather than overturn, they took the "safe" way and invited me to return to the lower court. I never made it back. funny now with a pro-bono lawyer for this appeal, he filed the crappiest "letter brief" and it was DOA. now I'm trying to recover. wish I had a good friend experienced lawyer to kick this around with so as to pull together my material and focus my research. It's just a matter of following logic using case law analogous to applying the rules in geometry. Ideally I should be able to bring it to irrefutable points of law .

  4. #4
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    Default Re: When is Case Law Valid in an Appeal

    On those rare occasions when new case law is published while an appeal is pending but after the appeal is filed, the court rules typically provide a mechanism for filing a short, supplemental brief to make the court aware of the new authority. The place to start is with the court rules governing appellate practice.

  5. #5

    Default Re: When is Case Law Valid in an Appeal

    thanks again. State v. S.K., Docket No. A-1488-10T1 which I just found was published after our oral argument but two days before my Appellate panel decision... It's not the golden goose but I figured I would try to use it in an analogous application.

    also, I'm reading this warning on a case in google scholar: NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. what does this mean? can I site the case??

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