Thursday, October 14, 2010

Appellate Court told to Issue an Opinion

In what has been a lengthy and odd ordeal just got longer.

After waiting on the Appellate Court for 19 months to issue their opinion - an unheard of amount of time by judicial standards - the RKLD appeal was punted to the State Supreme Court without an opinion from the Appellate Court.

Curious minds wanted to know how often this happens, where judges kick-it upstairs due to a case's complexity and statewide significance. Not much.

RKLD took this a good sign anyway, thinking that we saved ourselves some time that would have been otherwise required to wait on a ruling on a petition for the high court to accept our case.

In less than 30% of the cases referred directly to the Supremes did the Supremes reject taking the case without Appellate Court's opinion. Again, we took this as a good sign.

But alas, the Supremes did indeed reject accepting our case and it is back in the hands of the Appellate Court.

For how long?

No clue.

What will be their opinion?

No idea - but if they see a statewide importance as stated, hopefully they rule in RKLD's favor.

Either way, all parties will likely petition the Supremes.

And then the waiting game begins again.

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