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Topic: How does a person challenge a Supreme Court case.

Created on: 02/25/22 12:21 AM

Replies: 1

RENE5


Joined: 01/11/22

Posts: 1

How does a person challenge a Supreme Court case.
02/25/22 12:21 AM

How does a person challenge a Supreme Court case. I.e. Miranda v Az.
Example; a ‘criminal’ was stopped, taken out of the auto, hand cuffed, put in squad car, taken to jail process and was detained for days. At the hearing he is, let’s say she, (it’s the ladies fault) at the hearing she is charged with driving excessive speed over the posted speed limit.
The ladies defense; if you all going to treat me like laws don’t exist than why have the Supreme Court case Miranda v Az?
At this pt; how does she challenge the case to the court. Does she want to overturn the law? No, that’s why she’s challenging the law.
How do one convey that in court.

I was trying to be as humorous as possible.

Thanks for your answer

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DOCTOR1


Joined: 11/08/13

Posts: 14

RE: How does a person challenge a Supreme Court case.
02/25/22 8:00 AM

The Miranda case is fixed in the law.
You may challenge the way it is applied, or how it was not applied, in a particular case by suing locally, but you cannot hope to succeed with a challenge to the Miranda case itself.
The US Supreme Court is the final court in America. It's decisions stand unless the Senate overrules.
Hope this helps.

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