The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.
So, when you say "reopen", are you meaning appeal? If so, yes, criminal cases can be appealed to the Supreme Court, but that does not mean that the Supreme Court will accept the case. I hope this answered your question.
Your question is very broad and vague. Are you talking about the United States Supreme Court or the Wisconsin Supreme? What type of case are you talking about? Was their a default judgment resulting in a conviction for an ordinance violation or a default in a civil matter ?. The Wisconsin Supreme Court only takes cases on a discretionary basis that involve novel questions of law and/or issues of statewide importance in a particular area of the law and/or cases involving unsettled questions of law. . The Court could take a case on review from the Wis. Court of Appeals involving the re-opening of a civil matter which resulted in a default judgment for example but generally the answer to your question is "No".
The answering of this question on this public forum does not create an attorney - client relationship and/or privileged communications between Attorney Stangl and the anonymous questioner.
Neither the U.S. Supreme Court nor the WI Supreme Court can act on matters that aren't properly before them, so if your question is can you write one of those courts a random letter and ask them to do something for you, the answer is no. Consult post-conviction counsel if you are serious about seeking post-conviction relief.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
In some circumstances. In those where it can, the real question is whether it will. (The answer is usually "no" if it is a criminal case and the person asking for reopening is the defendant.)
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
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