Re: State appeal vs. Federal filing

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Posted by:

Jim Loose

on December 15, 2006 at 03:20:18:

You're barred from appealing a state court decision to a federal district court. If you appeal, you must go up the state review chain and, after your state's SC rules on the case or refuses to review it, you may file for writ of cert to USSC.

This is a different matter than asking a federal district court to rule not on the merits of a state case that went against you but, rather, to strike down as repugnant to the constitution some procedural defect of some state court process. Failure to see this distinction was one of the problems that led to R-F getting out of hand.




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