Little Falls, NJ asked in Criminal Law for New Jersey

Q: if you already won an appeal is it a bad sign that supreme court will be hearing it? Prosecutor has appealed to them. I

This is nj appellate division. Ruled in favor of inmate.

Is it a bad sign that the higher court sees a problem with the decision and want to rule against appellate court. He won first part of appeal and hoped he would soon be released. But now worried about supreme court

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3 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: I means that the case you won on appeal is being appealed to a higher court.

Carl Scott Spector agrees with this answer

Carl Scott Spector
Carl Scott Spector
Answered
  • Criminal Law Lawyer
  • Glen Rock, NJ
  • Licensed in New Jersey

A: It is a sign that the State does not agree with the lower courts decision and the State wishes to have further review.

Amber Forrester
Amber Forrester
Answered
  • Criminal Law Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: The Supreme Court doesn’t have to take every case parties attempt to bring to it and when they do grant certiorari (that’s what it’s called when they accept a case) it generally means that there’s a issue (or perhaps several) they want to address—it’s not necessarily an indication of which way they’re leaning. They can affirm or overrule the appellate court or a mix of both or send an issue back to the trial court.

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