Q: If a US Court of Appeals accepts a case in appeal in error and renders a judgment what is its effect
The CA affirmed and the S. Ct denied cert, but the lower court later amended the judgment as a clerical error. What is the effect of such a judgment
A:
Only one court has jurisdiction of a case at any one time.
If all the appeals and cert. Denial occurred before the lower trial court amended due to clerical error then courts retain jurisdiction to amend for good cause. It was their case to begin with.
If the lower court did it prematurely it can always go back and re-ammend. Of course the appeal clock starts over when a new judgment is entered so you may have repeat of what happened procedurally.
A: More details are needed, but it appears that the trial court, which is bound by the Appellate Court ruling, was just doing a clerical error correction and it didn't contradict the ultimate holding / ruling of the appellate court I assume, in which case there doesn't appear to be a conflict and the trial court's decision is presently controlling if it is in accord with the appellate court ruling.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
