Quote:
Originally posted by baddog
no, the only way a prior ruling sets precedence is in a published Appellate Court ruling.
Most Appellate Court rulings aren't even published.
|
Most Federal and State Appellate court opinions are published when they discuss a new law or a new theory. Since we are talking about a new law ?The Truth in Domains Act? the defendant will more than likely challenge the law on a constitutional basis. In fact it is probably his best defense. It will go to the appeals court because the loosing party will likely appeal whatever ruling is issued on the bench at the trial court level. I mean come on can you see the government just walking away from their case if the trial court judge rules that the Truth in Domains Act is unconstitutional, or can you see the defendant giving up his freedom and not appealing an unfavorable ruling?