QUESTION
Can one appeal to a federal district appeals court after being denied by a state supreme court?
Asked on Mar 31st, 2014 on Civil Litigation - Wisconsin
More details to this question:
The case I refer to has been denied in Wisconsin district court, denied by the state appeals court, denied again by the state appeals court after asking for reconsideration, appealed to the Wisconsin State Supreme Court and through remittitur was remanded back to the Wisconsin state appeals court without further action.
1 ANSWER
No. The federal and state judicial systems are separate. In some matters they have concurrent jurisdiction (meaning that a lawsuit involving those matters can be brought in either system) but even if, for example, your dispute involved a federal issue such as the interpretation of the U.S. Constitution, you can't appeal from the state system to either a United States District Court or a United States Court of Appeal. Depending on what the case is about, you might have the right to petition the U.S. Supreme Court for review.
Answered on Apr 01st, 2014 at 6:52 PM