Legal Question in Criminal Law in California

Can a superior court judge disregard a supreme court case ruling that has not been repealed and is say 70years old or even older?


Asked on 3/06/14, 10:34 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

"Disregard"? No. But if the case is no longer valid for some reason (for example, if new statutes require a different result) she can recognize that fact.

Sometimes one side will claim that a prior decision says something it really doesn't. More commonly, the two sides will legitimately disagree about what the prior case means. When a superior court rejects an argument based on a prior Supreme Court case, it does not mean she is disregarding the case. It usually means she doesn't agree with what a party said about it. Actual disregard is rare, but it does happen.

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Answered on 3/06/14, 10:50 am
Terry A. Nelson Nelson & Lawless

He CAN do anything he likes. If you disagree with a ruling or outcome, and claim the judge made a mistake of fact or law, you have the right to appeal and let the courts decide.

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Answered on 3/06/14, 1:49 pm


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