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To: Cboldt

IF CERT is not issued the case will not be heard.


54 posted on 11/30/2008 6:37:03 AM PST by Paige ("All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke)
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To: Paige
-- IF CERT is not issued the case will not be heard. --

My summary obtains exactly the same conclusion. If the superior court does not order the inferior court to transfer the case, then the superior court is essentially saying "we aren't going to hear this case."

Courts never issue Writs of Cert to private parties. Writs of Cert run only from a superior court to an inferior court.

When an appeal is not available as a matter of right, private parties petition the Court to issue a Writ of Cert. That's the procedural posture of this case, at this time.

55 posted on 11/30/2008 6:45:52 AM PST by Cboldt
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