NCJ Number
57613
Journal
American Bar Association Journal Volume: 65 Dated: (MAY 1979) Pages: 709-712
Date Published
1979
Length
4 pages
Annotation
A NEW NATIONAL COURT OF STATE APPEALS WOULD END THE DELAY AND CONFUSION WHICH NOW MARKS FEDERAL COURT REVIEW OF STATE COURT CONSTITUTIONAL DECISIONS AND WOULD LEAD TO MORE UNIFORM JUDICIAL INTERPRETATIONS.
Abstract
WHEN THE CURRENT FEDERAL COURT SYSTEM WAS ESTABLISHED, FEDERAL REVIEW OF STATE COURT DECISIONS WAS RARE AND ONLY OCCASIONALLY DID THE U.S. SUPREME COURT REVIEW AND REVERSE A STATE SUPREME COURT DECISION. TODAY THERE IS GREATER PRESSURE FOR UNIFORMITY IN THE APPLICATION OF FEDERAL LAW BY STATE COURTS AND IT IS A RARE STATE CASE THAT DOES NOT HAVE SOME FEDERAL QUESTION INVOLVED. IN CRIMINAL CASES THE DEFENDANT USUALLY GOES THROUGH (1) TRIAL BY THE STATE TRIAL COURT, (2) A ONE OR TWO-STEP STATE APPELLATE PROCESS, AND (3) POSTCONVICTION PROCEDURES THAT HAVE BEEN ALL BUT MANDATED BY THE FEDERAL COURTS AND THAT PROVIDE A METHOD OF ENTRY INTO THE FEDERAL COURTS SYSTEM. THE DEFENDANT CAN THEN PETITION FOR A WRIT OF CERTIORARI OR A DIRECT APPEAL TO THE U.S. SUPREME COURT. IF THIS IS DENIED, AS IT USUALLY IS, THE CASE CAN GO A ROUND ROBIN THROUGH THE FEDERAL DISTRICT COURT AND CIRCUIT COURT OF APPEALS. IN THE FEDERAL SYSTEM, THERE IS NO FINALITY AND THE PROCESS OFTEN TAKES YEARS. INTERPRETATIONS VARY FROM CIRCUIT TO CIRCUIT, AND DISTRICT TO DISTRICT. AS A RESULT, RULINGS ON BASIC CONSTITUTIONAL QUESTIONS CAN DEPEND ON THE RULES OF THE CIRCUIT OR DISTRICT IN WHICH THE DEFENDANT HAPPENS TO BE LOCATED. A NATIONAL COURT OF STATE APPEALS, CONSISTING OF NINE JUDGES APPOINTED BY THE PRESIDENT, WOULD CONSIDER NOT ONLY DIRECT APPEALS FROM STATE SUPREME COURTS BUT ALSO ALL COLLATERAL ATTACKS ON STATE COURT DECISIONS. SUCH A COURT WOULD PROVIDE QUICK AND FINAL REVIEW, MORE UNIFORM INTERPRETATION, AND RELIEF FOR THE FEDERAL COURT SYSTEM. (GLR)