6+ ALA R App P 39: Certiorari Denial & Precedent

ala. r. app. p. 39 denial of certiorari precedential value

6+ ALA R App P 39: Certiorari Denial & Precedent

A decision by the Alabama Court of Civil Appeals, specifically referenced at page 39 of the Alabama Reporter of Appeals, and the subsequent refusal by a higher court to grant certiorari, raises questions about the weight given to the appellate court’s ruling in future cases. The denial of further review does not automatically endorse the lower court’s rationale. For example, if the Alabama Court of Civil Appeals renders a decision, and the Alabama Supreme Court declines to hear the case, this lack of review has specific implications regarding its standing as a binding authority.

The importance lies in understanding the limitations of the lower courts ruling. Unlike an affirmance, a denial of certiorari doesn’t signify agreement with the lower courts judgment. The higher court might have various reasons for declining to hear the case, such as insufficient legal importance, a lack of conflict with existing precedent, or procedural issues. Historically, legal scholars have debated the extent to which such denials indicate even tacit approval. The generally accepted view is that it is not an endorsement.

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