§ 1254. Courts of appeals; certiorari; certified questions
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/usc/title-28/section-1254A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1)By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2)By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
(June 25, 1948, ch. 646, 62 Stat. 928; Pub. L. 100–352, § 2(a), (b), June 27, 1988, 102 Stat. 662.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 346 and 347 (Mar. 3, 1911, ch. 231, §§ 239, 240, 36 Stat. 1157; Feb. 13, 1925, ch. 229, § 1, 43 Stat. 938; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; June 7, 1934, ch. 426, 48 Stat. 926).
Section consolidates sections 346 and 347 of title 28, U.S.C., 1940 ed.
Words “or in the United States Court of Appeals for the District of Columbia” and “or of the United States Court of Appeals for the District of Columbia” in sections 346 and 347 of title 28, U.S.C., 1940 ed., were omitted. (See section 41 of this title.)
The prefatory words of this section preceding paragraph
(1)were substituted for subsection
(c)of said section 347.
The revised section omits the words of section 347 of title 28, U.S.C., 1940 ed., “and with like effect as if the case had been brought there with unrestricted appeal”, and the words of section 346 of such title “in the same manner as if it had been brought there by appeal”. The effect of subsections
(1)and
(3)of the revised section is to preserve existing law and retain the power of unrestricted review of cases certified or brought up on certiorari. Only in subsection
(2)is review restricted.
Changes were made in phraseology and arrangement.
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16 references not yet in our index
- June 25, 1948, ch. 646
- 62 Stat. 928
- Pub. L. 100–352, § 2(a)
- 102 Stat. 662
- Mar. 3, 1911, ch. 231
- 36 Stat. 1157
- Feb. 13, 1925, ch. 229, § 1
- 43 Stat. 938
- Jan. 31, 1928, ch. 14, § 1
- 45 Stat. 54
- June 7, 1934, ch. 426
- 48 Stat. 926
- section 347 of title 28
- Pub. L. 100–352, § 2(b)
- Pub. L. 100–352, § 7
- 102 Stat. 664
Citation graph
cites case law
§ 1254
Courts of appeals; certiorari; certified questions
U.S.C.×124
Stat.×5
IRM×1
ActJune 25, 1948, ch. 646
Stat.62 Stat. 928
Pub. L.Pub. L. 100–352, § 2(a)
Stat.102 Stat. 662
ActMar. 3, 1911, ch. 231
Cites 23 · showing 12Cited by 130 across 3 sources