Legal Question in Criminal Law in California
court rulings
Can a ruling by the state supreme court of one state be used as grounds for a challenge of a similar law in another state??
3 Answers from Attorneys
Re: court rulings
Decisions by the Supreme Court of one state are not binding on the courts of any other state. They may be persuasive to another state's judges, but only if they are based upon similar statutes and constitutional provisions. If the second state has significantly different laws on a particular subject, then the first state's decision is unlikely to influence judges in the second state.
As Mr. Dinday notes, out-of-state decisions have far less influence if the same issue has already been addressed by the state's own courts.
Re: court rulings
While a ruling from an appellate court in another state may be considered by an appellate court in another state as support for their position. Appellate court cases from one state are not controlling in another state.
Re: court rulings
Published decisions from out of state may have some influence on a California Court IF there are no in-state decisions on the point. If several foreign states have sided with you and no in-state cases on point, it would be more persuasive.
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