Legal Question in Appeals and Writs in Nebraska

From Court of Appeals to Supreme Court?

If a case is ruled on by the Nebraska Court of Appeals and the Trial Court Judgement is witheld, can it still be appealed and if so what is the next stop? Nebraska Supreme Court?

Asked on 5/19/03, 3:57 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: From Court of Appeals to Supreme Court?

Depending upon what sort of case it is, it is possible to ask for further review by the Nebraska Supreme Court, or to appeal as a matter of right. Asking for further review will allow the Supreme Court to either accept the case for review, or turn it down and the Court of Appeals ruling will stand. If the case involves a legal issue that the Nebraska Supreme Court has not ruled on in the past, or for a very long time, they are more likely to accept the case for further review, even if they uphold the Court of Appeals in the end. The more important the legal issue is to the general public, the more likely they are to accept the case for further review. Even if the first two factors mentioned above are not present, if the Supreme Court feels that the Court of Appeals has misapplied existing law, they may accept the case for further review. It is impossible to predict with absolute certainty which cases will be accepted for further review.

If there are federal constituional issues, or issues of federal law and there is no state law which will support the decision alone, it is possible to seek review in the federal courts.

These are complicated issues which depend on the specific laws involved and the factual disputes in the case. You should consult an attorney to determine the options available in a particular case.

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Answered on 5/20/03, 10:41 am

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