They CAN hear a case that hasnt been heard if they want to.
Let's hear it for an activist court! Seriously, name one case in which they've been the original trier of fact.
And since the Donofrio case is still pending
It was denied. There's no place left for it to be pending. Even Donofrio doesn't claim it's still pending. Unless you're conflating Donofrio's case with Wrotnowski's.
Donofrio Case (Certifigate): STILL PENDING according to Supreme Court
Monday, December 08, 2008 8:33:46 AM · by DouglasKC · 75 replies · 3,395+ views
http://www.freerepublic.com/focus/f-news/2144944/posts