Posted On: July 18, 2007
STARE DECISIS: FOLLOWING DECISIONS OF HIGHER COURTS
STARE DECISIS: FOLLOWING DECISIONS OF HIGHER COURTS
This case involves an issue in a mentally disordered offender (MDO) case. But the issue itself isn't the key point.
There is a California Court of Appeal case right on point. But the trial court thought that decision was wrong, and so wouldn't follow it.
This Court of Appeal is not amused and reverses. They say, clearly and repeatedly, that trial courts are BOUND to follow decisions of California appellate courts, unless there's a conflicting California Court of Appeal case to the contrary, or the facts are fairly distinguishable.
Cuccia v. Superior Court; 2007 DJ DAR 10873; DJ, 7/18/07; C/A 2nd,
Div. 6
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