To: Gay State Conservative
A few years ago SCOTUS heard a 2nd Amendment case called "Caetano v Massachusetts".After the Massacusetts state Supreme Court upheld Caetano's conviction on a weapons charge she appealed,on 2nd Amendment grounds,to the Federal courts and SCOTUS took the case. SCOTUS ruled...9-0...in Caetano's favor stating in its decision that the state Supreme Court's reasoning in upholding her conviction was "frivolous". But to their credit the state courts reversed her conviction and invalidated the law under which she was convicted. IOW...they obeyed the SCOTUS decision. Looks like Hawaii is taking a different path.This is a very interesting situation and I'm surprised it's not receiving more attention. Unlike the Massachusetts situation, where a state court opinion was appealed to the USSC, this decision is in direct opposition to an existing USSC opinion. So how do you appeal that?
128 posted on
02/12/2024 12:14:43 PM PST by
TexasKamaAina
(The time is out of joint. - Hamlet)
To: TexasKamaAina
I would think that a person actually charged in Hawaii would be able to appeal to the Federal courts for relief.That's what Caetano did in Massachusetts and what Heller did in DC.Basically it's my understanding that when a state law and a Federal law differ on a particular point the Federal law prevails.
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