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To: LikeLight

Yes, it was from the federal district court. I thought the appeal had been taken to the Sixth Circuit (federal) Court of Appeals. But the State Supreme Court is ruling on a state statute, so I assume any federal appellate court would grant it deference on a theory of adequate and independent state grounds.


30 posted on 11/01/2004 5:19:37 PM PST by laconic
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To: laconic

It's clear when you read this decision that they're responding to the federal court decisions, because the dissenters discuss the issues raised by Judge Dlott.


50 posted on 11/01/2004 5:22:36 PM PST by RightFighter
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To: laconic
so I assume any federal appellate court would grant it deference on a theory of adequate and independent state grounds.

Since the order is from the Supreme Court based on state law, the only appeal can be to the US Supreme Court.

64 posted on 11/01/2004 5:32:05 PM PST by AndyJackson
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