Q: CAN I USE ANOTHER STATE'S SUPREME COURT RULING IN MY STATE?
“But the interpretive rule of legislative acquiescence bars us from disregarding that body’s failure to amend the drug possession statute for the last 40 years.” - IN THE SUPREME COURT OF THE STATE OF WASHINGTON "...statute was unconstitutional, violating due process clause protections by "taking innocent and passive conduct with no criminal intent at all and punishing it as a serious crime."
A: The short answer is "yes." Prior precedent within the state is referred to as binding or controlling, as lower courts are required to follow it and appellate courts (simply put) would have to overrule it to depart from it. Authority from other jurisdictions is considered "persuasive," to the extent it's applicable to the particular issue in question, meaning courts may choose to follow it if they find it persuasive. Without knowing more about your situation, I can tell you that Utah's controlled substance statute has not gone untouched for 40 years. It was most recently updated in May of last year, so legislative acquiescence will not get you a lot of mileage. As for criminalizing "innocent and passive conduct," the worst that can happen is a court finding it unpersuasive.
Mike Branum agrees with this answer
A: As previously mentioned other cases from other courts is persuasive in use, but not controlling. This is not a silver bullet - more like buckshot. Check with your attorney.
Mike Branum agrees with this answer
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