28 U.S.C. § 2103 — Untitled legal text

Page 510 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2102 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Amendment by Pub. L. 118–31(a) effective on the date that is one year after Dec. 22, 2023, and applicable with respect to any action of the United States Court of Ap- peals for the Armed Forces in granting or refusing to grant a petition for review submitted to such Court for the first time on or after Dec. 22, 2023, with provisions for inapplicability to pending decisions, finality of de- cisions before effective date, and requiring Supreme Court to prescribe rules to carry out subsection (g) of this section by the effective date specified, see section 533(b) of Pub. L. 118–31, set out as a note under section 867a of Title 10, Armed Forces. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effec- tive date or affect right to review or manner of review- ing judgment or decree of court which was entered be- fore such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective on first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of Title 10, Armed Forces. § 2102. Priority of criminal case on appeal from State court Criminal cases on review from State courts shall have priority, on the docket of the Su- preme Court, over all cases except cases to which the United States is a party and such other cases as the court may decide to be of pub- lic importance. (June 25, 1948, ch. 646, 62 Stat. 962.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 351 (Mar. 3, 1911, ch. 231, § 253, 36 Stat. 1160; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54). Changes were made in phraseology. [§ 2103. Repealed. Pub. L. 100–352, § 5(c), June 27, 1988, 102 Stat. 663] Section, acts June 25, 1948, ch. 646, 62 Stat. 962; Sept. 19, 1962, Pub. L. 87–669, § 1, 76 Stat. 556, provided that ap- peal from State court or from a United States court of appeals improvidently taken be regarded as petition for writ of certiorari. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective ninety days after June 27, 1988, ex- cept that such repeal not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered into before such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of this title. § 2104. Reviews of State court decisions A review by the Supreme Court of a judgment or decree of a State court shall be conducted in the same manner and under the same regula- tions, and shall have the same effect, as if the judgment or decree reviewed had been rendered in a court of the United States. (June 25, 1948, ch. 646, 62 Stat. 962; Pub. L. 100–352, § 5(d)(1), June 27, 1988, 102 Stat. 663.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 871 (R.S., § 1003). Words ‘‘An appeal to’’ were substituted for ‘‘writs of error from’’, in view of the abolition of the writ of error. Changes were made in phraseology. Editorial Notes AMENDMENTS 1988—Pub. L. 100–352 substituted ‘‘Reviews of State court decisions’’ for ‘‘Appeals from State courts’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘An appeal to the Su- preme Court from a State court shall be taken in the same manner and under the same regulations, and shall have the same effect, as if the judgment or decree ap- pealed from had been rendered in a court of the United States.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effec- tive date or affect right to review or manner of review- ing judgment or decree of court which was entered be- fore such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of this title. § 2105. Scope of review; abatement There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction. (June 25, 1948, ch. 646, 62 Stat. 963.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 879 (R.S. § 1011; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 318). The revised language is substituted for the provisions of section 879 of title 28, U.S.C., 1940 ed., to avoid any construction that matters of fact are not reviewable in nonjury cases. Such section 879 related to review upon a writ of error which applied only to actions at law. (See Rule 52(a) of the Federal Rules of Civil Procedure limiting the review of questions of fact which renders unnecessary any statutory limitation.) Rule 7(c) of the Federal Rules of Civil Procedure abol- ished all pleas, and the rules adopted the motion as a substitute therefor. Words ‘‘matters in abatement’’ were, therefore, sub- stituted for the abolished ‘‘plea in abatement’’ and ‘‘plea to the jurisdiction.’’ Changes were made in phraseology. § 2106. Determination The Supreme Court or any other court of ap- pellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances. (June 25, 1948, ch. 646, 62 Stat. 963.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 344, 876, 877 (R.S. § 701; Mar. 3, 1891, ch. 517, §§ 10, 11, 26 Stat. 829; Mar. 3, 1911, ch. 231, §§ 231, 236, 237, 291, 36 Stat. 1156, 1167; Dec. 23, 1914, ch. 2, 38 Stat. 790; Sept. 16, 1916, ch. 448, § 2, 39 Stat. 726; Feb. 17, 1922, ch. 54, 42 Stat. 366; Feb. 13, 1925,