Sherman Oaks, CA asked in Criminal Law and Civil Rights for California

Q: My case is on appeal to the appellate court. If I lose can I appeal to the 9th circuit? Law is unconstitutional. .

Law is unconstitutional. Violates first amendment. Ca Penal code 302a

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1 Lawyer Answer
David  Vaughn
David Vaughn
  • Criminal Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: It sounds like your case is on appeal to one of the California Courts of Appeal, which is the body that hears appeals from California Superior Courts (trial courts). The California Courts of Appeal are what is called an "intermediate court of appeal," because they are above the California Superior Courts (trial courts) but below the California Supreme Court. So, the usual appeal from a decision of a California Court of Appeal is to appeal to the California Supreme Court.

The Ninth Circuit is an "intermediate court of appeal" for federal cases, because it is above the United States District Courts located in California and a few other states, but is below the United States Supreme Court.

So, the usual appeal from a decision of a California Court of Appeal is to the California Supreme Court, not the United States Court of Appeals for the Ninth Circuit.

I hope this helps you.

Tim Akpinar agrees with this answer

1 user found this answer helpful

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