What is the United States Supreme Court test for whether they will stay a lower court ruling? That's the question before us is what is the requirement that the Supreme Court goes through to determine whether to stay a case? And there are essentially three elements to it.
So if you've got a final decision from a state court, a high court from the state, and then you want to appeal it to the United States Supreme Court, generally you have 90 days to do so, but if the issue is important and that order goes into effect before that time, you may file a request for a stay.
And this is relevant right now because it's going on in the McGirt case here in Oklahoma. It's the Bosse case, where the decision from the Oklahoma Court of Criminal Appeals went against the state in favor of a defendant that could be released from incarceration.
In practice, the defendant would be turned over to the feds for re-prosecution in federal court, but it may apply the precedent to other cases where somebody may be released. So because of that, the state is being very proactive on it and fighting it very hard.
And when they got the final ruling from the Oklahoma Court of Criminal Appeals, it was not favorable.
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