Legal Question in Constitutional Law in Michigan
Appealing on Constitutional Issues
When appealing a decision from District Court on the grounds of a constitutional issue can I go straight to Federal Court or do I have to appeal it to circuit court?
Asked on 7/18/02, 1:14 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Appealing on Constitutional Issues
As a general rule the federal courts require that you exhaust all state remedies before invoking their jurisdiction. The answer to your question depends upon whether or not your constiutional issue is addressed in your state constitution, or only in the US Constitution. If the former is true, you will need to have the highest court in your state review the problem before proceeding on to the federal system.
Answered on 7/18/02, 1:30 pm
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