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Example of Stare Decisis and Use of Precedent

30 九月, 2015 - 17:49

Geoffrey is a defense attorney for Conrad, who is on trial for first-degree murder. The murder prosecution is taking place in New Mexico. Geoffrey finds case precedent from a New York Court of Appeals, dated 1999, indicating that Conrad should have been prosecuted for voluntarmanslaughter, not first-degree murder. Brandon, the prosecuting attorney, finds case precedent from the NeMexicSupreme Court, dated2008, indicating that a first-degree murder prosecution is appropriate. The trial court will probably follow the precedent submitted by Brandon because it is newer, from a higher court, and from the same court system as the trial.