State and Federal Court Systems

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Midlands Technical College *

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Law

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Jan 9, 2024

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State and Federal Court Systems Part One: For your chosen state, list the state courts, from the lowest court to the highest court. For Virginia there are four levels of court. From the lowest to the highest courts they are: General District courts, Circuit Courts, the Court of Appeals, and the VA Supreme Court. [CITATION Vir /I 1033] Part two: Read Scenario 1 and based on the information you obtained from your research, answer the questions below. Scenario 1: Sam Smith, your next-door neighbor, was just arrested for manslaughter that occurred during a domestic violence incident at his home. 1. In what court will Sam’s trial be held? 2. If Sam is found guilty at the trial level and decides to appeal his conviction, what appellate court will hear his appeal? 3. If Sam loses his appeal to the state appellate court, does he have another option to appeal? If so, to what court? Sam’s trail will be held at the Norfolk Circuit Court due to the charge of manslaughter being a felony. [CITATION Vir /1 1033] The Court of Appeals of Virginia would listen to Sam’s appeal. Its location would be in Richmond, VA. [CITATION Cou /I 1033] He does have another option to appeal his sentence. He can petition the VA Supreme Court for an appeal of his case. [CITATION Cou /I 1033] Part three: Scenario 2: Imagine that Sam has been arrested by the FBI for a federal crime that he committed in the city/town where you live. 1. What U.S. District Court will hear his case? 2. If Sam is found guilty by the U.S. District Court and wishes to appeal his conviction, which circuit of the U.S. Court of Appeals will hear his appeal? 3. If Sam’s conviction is upheld by the U.S. Court of Appeals, does he have any further appeal options? Please explain. He would go through the Eastern District of Virginia Court.[CITATION Eas /I 1033]. If sam is guilty, he would then have to go through the 4th Circuit Court of Appeals to hear his appeal of the case. [CITATION Uni /I 1033]. Yes, Sam would have another appeal option considering the certain situation. He would have to petition the U.S Supreme Court, He would file the petition under certiorari. The Supreme Court can make the decisions on whether his case is submitted or not. [CITATION App \I 1033]
Reference: Appellate Court . Trial, Decision, Appeal, and Appeals - JRank Articles. (n.d.). Retrieved May 8, 2022, from https://law.jrank.org/pages/4396/Appellate-Court.html Courts . Courts | City of Norfolk, Virginia - Official Website. (n.d.). Retrieved May 8, 2022, from https://www.norfolk.gov/1579/Courts Virginia.gov . Court of Appeals | Virginia.gov. (n.d.). Retrieved May 8, 2022, from https://www.virginia.gov/agencies/court-of-appeals/ United States District Court . Eastern District of Virginia | United States District Court. (2022, April 13). Retrieved May 8, 2022, from http://www.vaed.uscourts.gov/ About the Court. (n.d.). Retrieved May 8, 2022, from http://www.ca4.uscourts.gov/about-the-court
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