§ 20.12 No Stay of Mandate Pending Federal Review
| Jurisdiction | Washington |
| §20.12 NO STAY OF MANDATE PENDING FEDERAL REVIEW |
RAP 12.6 provides that the state appellate court will not stay issuance of a mandate while a party seeks federal review, except in a case in which the death penalty has been imposed. This rule authorizes return of the mandate to the trial court and enforcement of the decision, even though a party may be in the process of seeking federal review.
RAP 12.6 creates problems for the litigant seeking United States Supreme Court review of a state court decision. The U.S. Supreme Court Rules provide little solace. Sup. Ct. R. 18, 27. These rules authorize...
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