Dallas, TX asked in Appeals / Appellate Law for Texas

Q: I exhausted all my remedies in federal courts and wanted to know could I still bring up old and new arguments in Supreme

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1 Lawyer Answer
Theodore M. Cooperstein
Theodore M. Cooperstein
Answered
  • Appeals & Appellate Lawyer
  • Ridgeland, MS

A: To bring a matter before the United States Supreme Court, it must be within ninety days of the final judgment in the appeals court whose decision you are challenging. That can be from a federal appeals court, called the United States Court of Appeals (they are divided geographically in 12 circuits) or from the highest (supreme) court of any state or territory in the United States.

The US Supreme Court generally only reviews legal questions that have been already raised and reviewed or decided upon by a lower court. But as in many areas of the law, there can be exceptions to the general rule. Fr instance, there is always jurisdiction to decide the subject matter jurisdiction of a lower court, and whether the specific case was properly in the right court. You should check with an appellate attorney to go over the specific details and facts of your case.

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