Legal Question in Criminal Law in Louisiana

differance in 1st court of allaels & district court

If the 1st court of appaels gives a ruling, can the district court override it? what is the next step?

this is for a reduction in sentenceing

thanks


Asked on 3/16/09, 2:31 pm

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: differance in 1st court of allaels & district court

District Court cannot override an Appeals Court. To override an Appeals Court, you go to the Supreme Court.

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Answered on 3/16/09, 2:47 pm
Andrew Casanave Andrew M. Casanave

Re: differance in 1st court of allaels & district court

No, the Court of Appeals has supervisory power over the District Courts in its circuit. The District Court must obey that ruling.

The only solutions are to live with the ruling or to apply for writs to the State Supreme Court.

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Answered on 3/16/09, 2:48 pm


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