Legal Question in Criminal Law in California
United States Federal Criminal Law question:
If a writ of certiorari goes up to the Supreme Court of the United States and they say that the person is guilty and they also define the Federal Crime that he has been punished with, does that mean that the lower Federal Courts must follow the definition of this Federal Statute that the Supreme Court defined?
Matthew
Asked on 9/11/09, 1:02 pm
2 Answer from Attorneys
Robert Marshall
Law Office of Robert L, Marshall
I assume Mr. Linehan overlooked the fact that your question assumes a United States Supreme Court decision that has defined the offense.
Rulings of the US Supreme Court are precedent in all lower Federal courts and state courts as well.
Answered on 9/11/09, 6:35 pm
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