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Precedent in Transferred Cases

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May 10, 2005, 12:07
david curl
Precedent in Transferred Cases
Looks like the Supreme Court is considering doing something about the problem of which precedent controls when a case is transferred. Looks pretty cool. I wonder if it will lead to something in criminal cases.
May 10, 2005, 13:09
John Stride
This is an exciting developement in the choice of laws question and one that the appellate courts have been exceptionally good at sidestepping over the years. It would be interesting to know what prompted the idea and whether it is something that will be applied in criminal cases. We have had several cases transferred that we lost but would probably would have won in our home court. I know that this has happened elsewhere too. It is a frustrating problem for litigants. Maybe now the civil side of the bar, with the power and the money backing them, is behind the idea, the criminal side of the bar can grab onto their shirt-tails and obtain the benefits of the proposal.