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Question for lawyers, can any conviction of any court of any jurisdiction be overturned by the US (Original Post) Eliot Rosewater Apr 2023 OP
No, elleng Apr 2023 #1
And there is NO way a conviction in Manhattan or Georgia can end up in the SC of the US? Eliot Rosewater Apr 2023 #2
I would not say that, because laws are complex. elleng Apr 2023 #4
Gore vs Bush was a Florida state matter fescuerescue Apr 2023 #10
No. Supreme Court has no jurisdiction over state prosecutions Marius25 Apr 2023 #3
State doesn't matter Ronwhynowhy Apr 2023 #6
No they can't. That's not how it works. Marius25 Apr 2023 #11
Sure but Ronwhynowhy Apr 2023 #15
No they can't. Marius25 Apr 2023 #17
Sure they do Ronwhynowhy Apr 2023 #22
It is relatively complex, Ms. Toad Apr 2023 #25
so is this something you are hoping for? NewHendoLib Apr 2023 #26
You may want to review Article III of the U.S. Constitution Hermit-The-Prog Apr 2023 #27
So, did we, like, throw the Tenth Amendment out the window? Brother Buzz Apr 2023 #14
+1 sheshe2 Apr 2023 #23
They only decide questions of constitutionally Ligyron Apr 2023 #5
So if convicted in Manhattan or GA but then appealed based on a Constitutional rights issue Eliot Rosewater Apr 2023 #7
In that case maybe so. Ligyron Apr 2023 #8
That is what I am afraid of. I am the one who assumes the gop will do the worst possible thing Eliot Rosewater Apr 2023 #9
The Supreme Court has ruled against Trump multiple times. They have also refused to even consider emulatorloo Apr 2023 #12
Fingers crossed. Eliot Rosewater Apr 2023 #13
Yes. Tomconroy Apr 2023 #24
"Any"? No. But some can. dpibel Apr 2023 #16
OK thanks, I ask because in spite of people telling me the SC does not have an interest in helping Eliot Rosewater Apr 2023 #18
Yes edhopper Apr 2023 #19
That is what I worry about Eliot Rosewater Apr 2023 #20
You should be edhopper Apr 2023 #21

Eliot Rosewater

(31,121 posts)
2. And there is NO way a conviction in Manhattan or Georgia can end up in the SC of the US?
Tue Apr 4, 2023, 09:11 PM
Apr 2023

Is it only the one the DOJ would be involved in that could be? Of the 3?

fescuerescue

(4,448 posts)
10. Gore vs Bush was a Florida state matter
Tue Apr 4, 2023, 09:21 PM
Apr 2023

That got bumped the Supreme Court for the obvious reason that there is a Federal interest.

I suspect that this might happen again, since the felonies are predicated on Trump violating a Federal election law.

But that is years down the road.

 

Marius25

(3,213 posts)
3. No. Supreme Court has no jurisdiction over state prosecutions
Tue Apr 4, 2023, 09:13 PM
Apr 2023

The Supreme Court only has jurisdiction in two cases. 1) When other appellate courts request an appeal on Constitutional issues and 2) they have original jurisdiction on cases between two or more states and high ranking dignitaries.

Ronwhynowhy

(3 posts)
6. State doesn't matter
Tue Apr 4, 2023, 09:15 PM
Apr 2023

The Supreme Court has jurisdiction over the entire US including state cases and even civil cases if they so choose

They can rule on any matter of law in the US

 

Marius25

(3,213 posts)
11. No they can't. That's not how it works.
Tue Apr 4, 2023, 09:22 PM
Apr 2023

They only have appellate jurisdiction except in cases involving two or more states, or foreign ambassadors.

Ronwhynowhy

(3 posts)
15. Sure but
Tue Apr 4, 2023, 09:27 PM
Apr 2023

Anyone can bring a federal case for any reason for any criminal or civil issue

In essence.

The Supreme Court can rule on any law in the US it wants to and word it however specifically or broadly they want

For example moving California voting against gay marriage to a federal court with no other state interest or foreign necessity

Real word

 

Marius25

(3,213 posts)
17. No they can't.
Tue Apr 4, 2023, 09:32 PM
Apr 2023

It has to be a Constitutional issue that reaches the State (and usually Circuit) appellate courts.

The Supreme Court has no authority to disagree with the New York Criminal Court and demand they overturn the conviction.

Ronwhynowhy

(3 posts)
22. Sure they do
Tue Apr 4, 2023, 09:43 PM
Apr 2023

The Supreme Court frequently overturns state laws

Most of their cases start from state laws

I dont know what you mean

They can absolutely tell New York no

Ms. Toad

(34,092 posts)
25. It is relatively complex,
Tue Apr 4, 2023, 11:13 PM
Apr 2023

but, as a general rule, they cannot rule on state matters.

When they overturn state laws it is nearly always because the state law runs afoul of the federal constitution.

Hermit-The-Prog

(33,437 posts)
27. You may want to review Article III of the U.S. Constitution
Wed Apr 5, 2023, 03:07 AM
Apr 2023

In particular, see the 2nd paragraph of Section 2.:

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
https://www.law.cornell.edu/constitution/articleiii

Brother Buzz

(36,466 posts)
14. So, did we, like, throw the Tenth Amendment out the window?
Tue Apr 4, 2023, 09:26 PM
Apr 2023



Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Eliot Rosewater

(31,121 posts)
7. So if convicted in Manhattan or GA but then appealed based on a Constitutional rights issue
Tue Apr 4, 2023, 09:15 PM
Apr 2023

it could then end up there?

If Constitutional rights being violated was the accusation?

Eliot Rosewater

(31,121 posts)
9. That is what I am afraid of. I am the one who assumes the gop will do the worst possible thing
Tue Apr 4, 2023, 09:19 PM
Apr 2023

which is why my predictions are so often correct.

3 SC justices for certain will abandon the law entirely to make cons happy, the question is will the other 2.

emulatorloo

(44,186 posts)
12. The Supreme Court has ruled against Trump multiple times. They have also refused to even consider
Tue Apr 4, 2023, 09:23 PM
Apr 2023

some of his cases. Other than Clarence Thomas, they appear to have zero interest in protecting Trump.

dpibel

(2,854 posts)
16. "Any"? No. But some can.
Tue Apr 4, 2023, 09:28 PM
Apr 2023

Just a couple notable examples: Gideon v. Wainwright (right to counsel) and Miranda v. Arizona (Miranda warning) were originally pure state criminal cases.

If a state case implicates the US Constitution, the Supremes can get involved.

But other than cases where the Supremes have original jurisdiction, it's always discretionary for them to take a case.

Eliot Rosewater

(31,121 posts)
18. OK thanks, I ask because in spite of people telling me the SC does not have an interest in helping
Tue Apr 4, 2023, 09:38 PM
Apr 2023

him, I worry and wonder.

But if they did decide to run interference for him they would be busy because I think this is just the beginning.

edhopper

(33,616 posts)
19. Yes
Tue Apr 4, 2023, 09:39 PM
Apr 2023

If they find a Constitutional matter in the case.
Unfortunately, this SCOTUS doesn't care about the Constitution and rules however they please.
They can intervene if the want to.

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