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Federal Court
- Thread starter jci63
- Start date
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tranquility
Senior Member
Federal court is not something you can necessicarilly appeal to. You must have a reason for the court to have jurisdiction in the first place. What is your claim for federal jurisdiction?
tranquility
Senior Member
That's not a federal cause of action unless the people are from different states and the amount in controversy is very high. Even then, for that type of jurisdiction, you would have had to make that choice up front. (To sue in federal court.) To appeal in federal court now, you have to have had some federal violation of your rights.
From your previous posts it does not appear you have any basis to invoke the jurisdiction of the federal court.
Jurisdiction may be invoked based upon:
(1) Federal Questions - constitutional issues, civil rights complaints, or federal statutes
(2) Diversity (out of state defendants with minimum damages of 75K)
In your case taking this to federal court would be construed as an attempt at a 'second bite at the apple' and run afoul of federal abstention doctrines, which would result in the complaint being promptly dismissed.
Since no constitutional or civil rights complaints were raised in your case in the trial court and on appeal, there is also no basis to take this to the US Supreme Court.
Jurisdiction may be invoked based upon:
(1) Federal Questions - constitutional issues, civil rights complaints, or federal statutes
(2) Diversity (out of state defendants with minimum damages of 75K)
In your case taking this to federal court would be construed as an attempt at a 'second bite at the apple' and run afoul of federal abstention doctrines, which would result in the complaint being promptly dismissed.
Since no constitutional or civil rights complaints were raised in your case in the trial court and on appeal, there is also no basis to take this to the US Supreme Court.
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quincy
Senior Member
I agree with Ronin and Tranquility, jci. From all that I know of your defamation action, there would be no opportunity for you to have your case heard in federal court, should the Michigan Supreme Court deny your application for leave to appeal.
In other words, with a denial for leave to appeal, your defamation action ends.
In other words, with a denial for leave to appeal, your defamation action ends.
and $$ 
.
quincy
Senior Member
True. But it has also cost jci quite a bit - dollarwise and reputationwise. 
I think that there are a couple of issues in his grant for leave to appeal (limited public figure determinations and examining the dual-meanings of words when one meaning is defamatory and one innocent) that should legitimately be addressed by the Michigan Supreme Court, too - unfortunately, the defamation case itself is not real strong, so whether the Court will deny the leave based on that is a big question.
Be sure to post back, jci, to let us know what happens.
I think that there are a couple of issues in his grant for leave to appeal (limited public figure determinations and examining the dual-meanings of words when one meaning is defamatory and one innocent) that should legitimately be addressed by the Michigan Supreme Court, too - unfortunately, the defamation case itself is not real strong, so whether the Court will deny the leave based on that is a big question.
Be sure to post back, jci, to let us know what happens.
I certainly empathize with jci's 'more personal costs' , as I have some experience with this.
While I do not disagree that there are issues here that should be legitimately addressed by the Michigan Supreme Court, the issues are not head turners, and the underlying case itself not especially strong. Beyond this I feel the response to this request for leave to appeal will be heavily biased by the fact the issue was raised by a pro se non-attorney. Regardless of how well argued it is.
Given the time, effort and $$ getting to the door of the state supreme court, denials are incredibly anticlimactic in that explanations are seldom, if ever, offered.
Call me a cynic
. If I am wrong in this case, and I hope I am 
, I may have to change my thinking.
, as I have some experience with this. While I do not disagree that there are issues here that should be legitimately addressed by the Michigan Supreme Court, the issues are not head turners, and the underlying case itself not especially strong. Beyond this I feel the response to this request for leave to appeal will be heavily biased by the fact the issue was raised by a pro se non-attorney. Regardless of how well argued it is.
Given the time, effort and $$ getting to the door of the state supreme court, denials are incredibly anticlimactic in that explanations are seldom, if ever, offered.
Call me a cynic
. If I am wrong in this case, and I hope I am , I may have to change my thinking.Well, application did get denied. I had spent 6 weeks rewriting the arguments (with a lot of help from my friends) only to find out when I was finished, that I could not turn this in because the Supreme Court has already stated looking at the case. So what options are available at this point?
Question: How long do I have to file in another court?
Question: What Courts are available for additional appeals or other options?
http://coa.courts.mi.gov/documents/sct/public/orders/20090127_s137568_89_137568_2009-01-27_or.pdf
Question: How long do I have to file in another court?
Question: What Courts are available for additional appeals or other options?
http://coa.courts.mi.gov/documents/sct/public/orders/20090127_s137568_89_137568_2009-01-27_or.pdf
quincy
Senior Member
Well, the denial was certainly brief and to the point, huh? I am really sorry, jci. I know how much time and effort (and money) you put into your case.
I think that it all ends for you here, however. The Michigan Supreme Court was your last legal option.
Your defamation case was not a strong one to begin with and, although I think your case raised some issues that the Supreme Court may have found compelling given a different set of circumstances, the result of your defamation action would have been the same either way. The published letters, to my mind right from the beginning, were not defamatory. They were fair comments and criticisms based on a matter of public interest. I do not believe any defamation action would have been successful based on those letters alone.
Your next course of action may be to write about your experiences. You have certainly spent a lot of time these past few months doing research, and you have gained a lot of knowledge about Michigan's court system, how to represent yourself pro se, how to file a legal action and pursue it, how to file appeals right up to the Supreme Court. Your experiences, encapsulated, could provide others, facing the same task you have faced, with a valuable source of information.
It is something to consider, at any rate.
Again, jci, I am really sorry the Michigan Supreme Court did not grant your leave to appeal.
I think that it all ends for you here, however. The Michigan Supreme Court was your last legal option.
Your defamation case was not a strong one to begin with and, although I think your case raised some issues that the Supreme Court may have found compelling given a different set of circumstances, the result of your defamation action would have been the same either way. The published letters, to my mind right from the beginning, were not defamatory. They were fair comments and criticisms based on a matter of public interest. I do not believe any defamation action would have been successful based on those letters alone.
Your next course of action may be to write about your experiences. You have certainly spent a lot of time these past few months doing research, and you have gained a lot of knowledge about Michigan's court system, how to represent yourself pro se, how to file a legal action and pursue it, how to file appeals right up to the Supreme Court. Your experiences, encapsulated, could provide others, facing the same task you have faced, with a valuable source of information.
It is something to consider, at any rate.
Again, jci, I am really sorry the Michigan Supreme Court did not grant your leave to appeal.