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Arkansas State Highway Employees, where the U.S. Supreme Court ruled that the Arkansas State Highway Commission's refusal to consider employee grievances when filed by the union, rather than directly by an employee of the State Highway Department, did not violate the First Amendment to the United States Constitution. [19]
Because United States habeas corpus law requires petitioners for writs of habeas corpus to have exhausted state court remedies if they were convicted by a state court, habeas petitioners must first file a petition for review in the highest court in the state in which they were convicted, and raise all applicable issues, before filing a petition ...
The prohibition of abridgment of the "right to petition" originally referred only to the Congress and the U.S. federal courts.The incorporation doctrine later expanded the protection of the right to its current scope, over all state and federal courts and legislatures, and the executive branches of the state [4] and federal governments.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from state to state. The right to file an appeal can also vary from state to state; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of ...
💰 Costs • DIY federal tax return: $0 • Assisted federal tax return: $8 to $50 What FreeTaxUSA offers. FreeTaxUSA is a part of the Free File program run by the Internal Revenue Service. It ...
The writ is usually issued to a state supreme court (including high courts of the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), but is occasionally issued to a state's intermediate appellate court for cases where the state supreme court denied certiorari or review and ...
See Federal Election Comm'n v. Rose, 806 F.2d 1081, 1087 (D.C. Cir. 1986). As the Cummings court observed, these two standards of review “are used at different stages and involve different tests.” Cummings v. Sullivan, 950 F.2d 492, 498 (7th Cir. 1991). A court at the EAJA stage must take a fresh look at the case from an EAJA perspective ...
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