Skip to main content

Can you bring up the same errors, in the supreme court, as were denied in the appellate court?

49738 |

If so, would you have to use different caselaw or a different slant?

Attorney Answers 3

Posted

You can raise the same errors, but you need to explain why the appelalte court's decision was wrong.

This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Glad you told me that as that was probably my next question. Thank you!

Posted

1. Yes
2. No

The best approach is to respond according to the appellate court decision regarding the same issues.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

Thank you. Just what I wanted to know.

Posted

Yes, you can try to raise the same issues. In fact you would have some problems trying to raise new issues that weren't raised before. You can use the same caselaw.

Mark as helpful

1 found this helpful

1 lawyer agrees

3 comments

Asker

Posted

The prisoner's self-help packet (printed by Prison Legal Services of Michigan, Inc.) has on page 2, the "Grounds-Issues Raised in Court of Appeals" to fill out and then there is page 7 where you list any grounds or new issues you want the Supreme Court to look at which were not raised in the Court of Appeals by our attorney or us. Thank you for your comment.

Ronald S. Pichlik

Ronald S. Pichlik

Posted

You can try to raise new issues. If cert is granted they might want to know why the new issues weren't raised below in the court of appeals.

Asker

Posted

I'm sure they will and they will be told why. Ineffective counsel and newly found evidence. Thank you.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics