Chain of authority?

[ray5450]

Example:

A state circuit court acts or fails to act requiring a mandamus. Mandamus petioned from state court of appeals. Court of appeals denies mandamus. Next, state supreme court is petioned for mandamus. Would petitioner be petitioning the state supreme court:

A. for a madamus for the court of appeals for a mandamus for the circuit court?

OR

B. for a mandamus direct to the circuit court?

Thanks.

[Shoonra]

Ordinarily a mandamus for the court immediately below the court being petititioned. But odds are much against getting such a writ.

Originally Posted by Shoonra

Ordinarily a mandamus for the court immediately below the court being petititioned. But odds are much against getting such a writ.

True, true, because the "justice" system intercopulates.

Henry Franklin

(I said that.)

[ray5450]

Originally Posted by Shoonra

Ordinarily a mandamus for the court immediately below the court being petititioned. But odds are much against getting such a writ.

Okay, so if that court denies, like you imply, and on to the next higher court, are you saying that the answer is "A"--madamus for a mandamus?