Tuesday, July 06, 2004

On Cert Review - Circuit Court must address all issues

In this opinion, the 5th remanded back to the circuit court for further consideration an opinion that it found did not address (properly) all of the legal issues raised in the petition. The failure to do so was a found to be a failure to apply the proper law.

Important case because if a circuit court punts an issue in your cert petition, this decision implies that this is remandable error. Stow it in your backpacks for later use!

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