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Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted.
The Washington citizenry adopted a Constitutional Amendment on November 5, 1968, which authorized the legislature to create a Court of Appeals and to define its composition and jurisdiction. On May 12, 1969, the legislature passed the enabling act that established a Court of Appeals with three divisions and a total of twelve judges.
There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...
The Washington Court of Appeals is the intermediate level appellate court empowered to hear appeals from final judgments and orders of superior courts, [6] [7] Personal Restraint Petitions, [8] writs of mandamus and quo warranto, [8] appeals from decisions of administrative agencies, discretionary review of a superior court's decision in an ...
A grant of appellate review is dismissed as improvidently granted (DIG) when a court with discretionary appellate jurisdiction later decides that it should not review the case. [1] Notably, the Supreme Court of the United States occasionally grants a petition of the writ of certiorari, only to later DIG the case. [2]
Discretionary jurisdiction is a power that allows a court to engage in discretionary review. This power gives a court the authority to decide whether to hear a particular case brought before it. Typically, courts of last resort and intermediate courts in a state or country will have discretionary jurisdiction. [1]
The Revised Code of Washington (RCW) is the compilation of all permanent laws currently in force in the U.S. state of Washington. [1] Temporary laws such as appropriations acts are excluded. It is published by the Washington State Statute Law Committee and the Washington State Code Reviser which it employs and supervises. [2] [3]
As the name implies, it is more strict than rational basis review but less strict than strict scrutiny. [10] Other forms of intermediate scrutiny are applied in other contexts. For example, under the Free Speech Clause, content-neutral time, place, and manner restrictions on speech are subject to a form of intermediate scrutiny.