Q: When writ of certiorari, the cases you list that are alike, do they have to be from the last court that denied you
For example; you filed an appeal in the 11th courts in Atlanta. Say cases I find that are close to what I am bringing up to my last appeal being the Supreme Court can you use any cases or do they need to be cases reversed from that same 11th of Atlanta or can I use any say from any that I can find that’s been reversed ? Or do you have to stay within the last court you were denied in ? To put as referral/reference to what I am addressing ?
Thank you so much you are great,
Kim
A: You can cite any case, some are binding and some are merely persuasive
A:
Writing an appellate brief is much more complicated than you imagine. It's not simply a matter of listing all of the opinions that agree with what you are arguing.
But no, if you are trying to get a decision of the U.S. Court of Appeals for the 11th Circuit reversed, you can cite any U.S. Supreme Court case that is pertinent, whether it pertains to a decision of the 11th Circuit, or any other circuit. And you can also use other 11th Circuit opinions as well, presumably to back up what you are arguing. Opinions out of other circuits could be persuasive, but probably not controlling.
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