Legal Question in Constitutional Law in California
Constitutional Validity of "Conclusive Presumption"
What is average time for 9th Circuit to grant or deny cert petition re: constitutional question re: validity of subject matter jurisdiction?
3 Answers from Attorneys
Re: Constitutional Validity of
There is not time limit. I once had a case where a man was aquitted of a crime by the jury. the judge sent him to jail anyway. I appealed and won the appeal but the court held up the decision until the guy had served his entire sentance.
Re: Constitutional Validity of
Depends on their case load and the judges to whom the case is assigned, also whether oral arguments are scheduled. Can be from 60 days to more than a year.
Re: Constitutional Validity of
Your question is a bit unclear, because the Ninth Circuit does not grant or deny cert petitions. A party that wants the Supreme Court to review a Ninth Circuit decision can petiton for cert, but that decision comes from the Supreme Court and can take several months.
If you are trying to learn how long it takes the Ninth Circuit to decide an appeal, the answer is "it depends." Once the last brief in an appeal has been filed, the case gets put in line for an oral argument date. It can take up to a year just to have an argument. After argument the three judges on that particular case will put together an opinion, but that process can take anywhere from several days to a year or more. Different justices have different work habits, and litigants who happen to get three very efficient judges will probably get their decisions quickly. Basically, though, it just takes one slower judge on the panel to drag out the process.