Does the district court have to comply with the supreme courts opinion?

Asked about 1 year ago - Boise, ID

I pealed my conviction and got the Supreme Courts Opinion on 1 / 25 / 2013 - I won ! - Motion to suppress has been reversed and con . vacated and remanded to district court . I won , so now what an why is it taking so long ? My motion to suppress was for the traffic stop itself so no vied . now for state to use . Why is it taking so long . . . . . . .

Attorney answers (3)

  1. Joshua Sachs

    Contributor Level 19

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    Answered . I can't tell you how this works in Idaho, but in most states there is (1) a period after an appellate court decides a case during which either side can ask for rehearing, i.e., reconsideration, and during which time the court's decision is not considered final and (2) further period, which usually depends on state law or rule of court, after which the clerk of the reviewing court issues the court's mandate, which is the official judgment and order, to the clerk of the trial court after which (3) the clerk of the trial court puts the case on the docket and (4) the trial judge reviews the opinion and mandate to decide what action is required to comply. It all takes a while. It has only been a month, and a month in the glacial world of appellate practice is like the blink of an eye.

  2. Paula Brown Sinclair

    Contributor Level 20

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    Answered . Thirty days in these matters is not "long." A remand to the trial court means there will be additional proceedings at the trial court level.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. John Robert Kormanik

    Contributor Level 12

    3

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    Answered . There is a period during which the State can seek reconsideration of the Idaho Supreme Court's decision. That period is 21 days following the issuance of the decision. You should check to see if such a motion was filed.

    If no motion for reconsideration was filed, the Supreme Court's opinion became final on Friday, February 15, 2013. After that happens, the Supreme Court Clerk will issue what's known as a "remittitur." This is an order to the lower court act on the opinion.

    If you had an attorney represent you on appeal, you should contact them and share your concerns.

    Time in the law and time in the real world are two very different things. Really, the opinion has only been final for 14 days now.

    No attorney-client relationship is created by responding to any question on Avvo. Further, nothing contained in... more

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