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The post below was published on Monday, October 25th, 2010 at 8:51 AM.

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Fifth District: Second-Tier Certiorari

A second-tier certiorari petition focuses on whether the lower court afforded procedural due process and applied the correct law. The distinction between applying the correct law and applying the law correctly can at times be a bit murky. In that sense, check out this decision, where the Fifth District quashed a circuit court order that held a certain breathalyzer test unreliable. The district court concluded its opinion with a footnote that seemed to defend its use of certiorari.

















































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