Types of State Proceedings Reviewable

The Supreme Court has the power to review a state court decision, whether it is rendered in a civil or criminal case, so long as a decision has been rendered by the highest court of the state in which a decision could be had.[i]  The Supreme Court can review a proceeding brought from the highest court of the state, whether the nature of the proceeding in that court has been appellate or original.[ii]  Moreover, the Supreme Court can review state court decisions in proceedings for mandamus and habeas corpus.[iii]  Even though an order issuing a writ of supervisory control has been technically issued in an original proceeding in the state supreme court, the United States Supreme Court may take an appeal from the order.[iv]

 

[i] Nashville, C. & St. L. Ry. v. Wallace, 288 U.S. 249, 53 S. Ct. 345, 77 L. Ed. 730.

[ii] Fisher v. District Court of Sixteenth Judicial Dist. of Montana, in and for Rosebud County, 424 U.S. 382, 96 S. Ct. 943, 47 L. Ed. 2d 106 (1976).

[iii] Herndon v. Lowry, 301 U.S. 242, 57 S. Ct. 732, 81 L. Ed. 1066 (1937).

[iv] Fisher v. District Court of Sixteenth Judicial Dist. of Montana, in and for Rosebud County, 424 U.S. 382, 96 S. Ct. 943, 47 L. Ed. 2d 106 (1976).


Inside Types of State Proceedings Reviewable