Gavin Howe
Case law can be overturned when a judiciary rejects the result of a prior court proceeding. This can occur when a higher court overturns the decisions of a lower court, or when a supreme court overturns a precedent established in a previous court decision. In the United States, the U.S. Supreme Court is the highest authority in terms of precedent and decision-making within its jurisdiction. While it is rare for the U.S. Supreme Court to overturn one of its own decisions, it has happened in landmark cases such as Brown v. Board of Education of Topeka, which overturned the previous case of Plessy v. Ferguson, and Roe v. Wade, which was overturned in 2022. Other ways to overturn a conviction include filing for a motion for a new trial, a direct appeal, or a writ of habeas corpus.
| Characteristics | Values |
|---|---|
| Higher courts overturning lower courts | Supreme courts can overturn the decisions of lower courts |
| Supreme courts overturning previous decisions | The U.S. Supreme Court has overturned its own decisions 146 times out of 25,500+ rulings |
| Appeal | When a court rules against a party, they can appeal the decision |
| Motion for a new trial | A motion for a new trial can be filed within 30 days of sentencing, alleging error or misconduct |
| Writ of habeas corpus | A claim of ineffective assistance of counsel can be raised, arguing that a competent lawyer would have acted differently |
| New evidence | New evidence of innocence can be presented to overturn a verdict |
| Non-disclosure of evidence | If the prosecution failed to disclose evidence that would have helped the defence, this can be grounds for overturning |
| Incorrect jury instructions | If the judge gave incorrect instructions to the jury |
| Involuntary plea | A claim can be made that a lawyer did not fully inform their client of the negative consequences of pleading guilty |
| Unworkable precedent | A previous doctrine may be deemed unworkable in the context of a new case |
| Social change | Significant social changes since a precedent was set can lead to it being overturned |
| Conflict with earlier precedent | A more recent precedent may violate an older interpretation of the law |
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What You'll Learn
Higher courts can overturn lower court decisions
A court decision or precedent is overturned when a judiciary rejects the result of a previous court proceeding. In the United States, the U.S. Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction. State supreme courts also set precedents and resolve conflicting interpretations of state laws. When a court rules against a party to a lawsuit, that party may choose to appeal the decision. The appeals process typically involves filing a notice of appeal with a lower court, indicating the party's intention to take the matter to the next highest court with jurisdiction over the matter. The appealing party files a petition for a writ of certiorari, a formal request for the higher court to review the lower court's decision.
Appellate courts generally review whether law and precedent were properly interpreted and applied in cases. If a higher court finds that a lower court did not properly apply or interpret a law or constitutional provision, it may overturn the lower court's decision. U.S. courts follow the principle of precedent or stare decisis, meaning that previous court decisions guide decision-making in new cases.
Justices making such decisions often argue that a previous doctrine was unworkable in the context of a new case, that significant social changes have occurred since a precedent was established, or that the most recent precedent violated an earlier precedent. In this case, the court might describe its decision as reaffirming the older interpretation of the law.
While the Supreme Court may claim decision-making expertise and unique authority, it is still an imperfect institution. Lower courts do not always declare that they have rejected or overruled the Supreme Court's decisions. Many lower-court decisions are replete with claims of faithful adherence to higher-court precedent. When dissenting judges say that lower-court majorities haven't followed Supreme Court precedent, they are expressing disagreement. However, this conventional view of vertical stare decisis is too simplistic and unappealing.
Lower courts sometimes strain to avoid following higher-court decisions, and some of these efforts seem defensible. For example, in a Fourth Amendment case from 1973, the court set a fairly categorical rule allowing for searches of persons incident to their lawful arrest. That rule may have been defensible when issued, but technological changes eventually rendered it defective. In response, several lower courts construed the 1973 decision narrowly so that it didn't apply to smartphones. These decisions were highly controversial, and there was a strong argument that they contravened the best reading of an avowedly categorical precedent. However, when the Supreme Court ruled on the issue in 2014 in Riley v. California, it criticised decisions that had “mechanically” adhered to the 1973 case and praised lower courts that had stretched the case law to update it.
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A motion for a new trial can be filed
The motion for a new trial is reviewed by the same trial judge who presided over the original trial and made the alleged error. The defendant must present evidence of significant errors or misconduct that occurred during the trial, such as juror bias or bribery, incorrect jury instructions, or the withholding of exculpatory evidence by the prosecution. The standard for a successful motion is often based on demonstrating that the defendant's right to a fair trial was compromised.
It is important to note that a motion for a new trial is not always a prerequisite for an appeal. In some cases, an appeal can be made directly without first filing for a new trial. However, if the judge denies the motion for a new trial, the defendant has the right to appeal that denial.
While a motion for a new trial can be a challenging process, it is an important legal mechanism to correct significant errors or injustices that may have occurred during the original trial, thus ensuring that the defendant receives a fair and impartial trial.
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A direct appeal can be made
The Court will agree to hear a case when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. Either side may appeal the verdict. The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence imposed after a guilty verdict. An appeal of a ruling by a bankruptcy judge may be taken to the district court. An appeal can also occur in the middle of a case to resolve a legal matter that may affect the trial before a final judgment is entered. This is known as an interlocutory appeal.
After a guilty verdict is handed down in a criminal case, a lawyer can file a motion for a new trial. This motion has to be filed within 30 days of sentencing. The same judge who presided over the trial decides whether to grant it. In a motion for a new trial, the lawyer alleges that some specific type of error or misconduct occurred that is serious enough that the verdict should be thrown out and a new trial granted. The grounds for which a motion for a new trial can be granted are limited. They include things such as a juror being bribed, a juror viewing evidence that wasn’t admitted at trial, the judge giving incorrect jury instructions, and the prosecution withholding evidence of innocence from the defense.
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A writ of habeas corpus can be used
The writ of habeas corpus is a flexible instrument that can be used to obtain release from custody when one is illegally detained. It is often used to challenge guilty pleas, as a guilty plea usually includes a waiver of direct appeal. The most common claim raised in a writ of habeas corpus is ineffective assistance of counsel, where the habeas lawyer argues that the trial lawyer did not do something that a competent lawyer would have done, and this failure made it more likely for the jury to find the defendant guilty.
The writ of habeas corpus can also be used to determine preliminary matters in criminal cases, such as an adequate basis for detention, removal to another federal district court, or the denial of bail or parole. It is a remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention.
In the United States, the writ of habeas corpus is protected by the Suspension Clause of the Constitution, which states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." This means that only Congress has the power to suspend the writ of habeas corpus.
The writ of habeas corpus has been used throughout history to secure the release of individuals from illegal detention, including in Somersett's Case in 1772, where a black slave was ordered to be freed. It has also been used in India, with the Indian judiciary resorting to the writ to secure the release of individuals from illegal detention.
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Social changes can make previous doctrine unworkable
Social change can render previous doctrine unworkable, leading to the overturning of case law. This occurs when societal shifts cause a precedent to become impractical or outdated. For instance, significant cultural, economic, or technological transformations may occur, necessitating a re-evaluation of existing legal doctrines.
In the United States, the U.S. Supreme Court holds the highest authority in terms of precedent and decision-making within its jurisdiction. State supreme courts also play a crucial role by setting precedents and resolving conflicting interpretations of state laws. When a court rules against a party, that party has the option to appeal the decision, initiating a process to take the matter to a higher court.
To determine if a case law remains valid, it is essential to examine its subsequent history and citations. This involves checking if the case has been appealed and overturned or affirmed, as well as understanding how other cases have treated it. While symbols and signifier phrases in citators provide clues, a thorough understanding requires reading the subsequent cases to assess if they have called the original case into question, applied it, or distinguished it in some way.
The process of overturning a conviction can occur through a motion for a new trial, a direct appeal, or a writ of habeas corpus. A motion for a new trial must be filed within a specified timeframe and is typically decided by the same judge who presided over the original trial. This motion alleges specific errors or misconduct serious enough to warrant a new trial, such as juror bribery, consideration of evidence not admitted at trial, or incorrect jury instructions.
Writs of habeas corpus are often used to challenge guilty pleas, arguing ineffective assistance of counsel, newly discovered evidence of innocence, or the prosecution's failure to disclose exculpatory evidence. These processes demonstrate how social change can initiate a re-examination of legal doctrines, leading to the potential overturning of case law to align with evolving societal norms and contexts.
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Frequently asked questions
A court decision or precedent is overturned when a judiciary rejects the result of a prior court proceeding. A motion for a new trial, a direct appeal, or a writ of habeas corpus can be used to overturn a conviction.
In the United States, the U.S. Supreme Court is the highest authority and has the power to overturn its own decisions and precedents established in previous court decisions. State supreme courts can also overturn precedents and resolve conflicting interpretations of state laws.
It is extremely rare for the U.S. Supreme Court to overturn one of its own decisions. Since its creation in 1789, the Supreme Court has reversed course less than one-half of one percent of the time, overturning its decisions only 146 times out of more than 25,500 decisions.
