Stockton, CA asked in Appeals / Appellate Law for California

Q: Do you have to go through a trial before filing a case with the state supreme court?

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2 Lawyer Answers

A: In ordinary circumstances, not only must you go through a trial through to judgment, but you must also go to the appellate court and be unsuccessful in that court before you can petition the Supreme Court for review. Then, if your issue involves an important public policy, you could petition the state Supreme Court for review of your case. But even then there is no guarantee that the Supreme Court will accept your case for hearing.

A: Normally not only do you need to go through trial, but for all but death penalty cases you need to appeal and have a decision from the appellate court, then file a petition for review with the California Supreme Court asking them to review your case. Supreme Court review is very rare; less than 10% are granted review. Grounds for review are generally only when resolving an important issue of law or resolving conflicts between decisions of the different California appellate courts.

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