Remeber this story? Whatever happend to this?
http://www.cbsnews.com/stories/2006/03/09/national/main1385124.shtml
Dubay v. Wells, Case No. 06-11016-BC (WARNING: PDF!) was dismissed from the United States District Court for the Eastern District of Michigan on July 17, 2006. The State of Michigan, which was prosecuting a paternity suit against him, filed for a motion to dismiss, and the Hon. David M. Lawson, a federal judge, found in their favor. That means that Judge Lawson found that even if everything Dubay said was true, he isn’t entitled to any legal relief.
Further, Lawson found that the claim was frivolous (read: worse than suing because you got crunchy peanut butter). This means that Dubay meets the legal standard of “totally out of gas.”
It’s possible that Dubay will appeal, which would take the case (if they accept it) to the United States Court of Appeals for the Sixth Circuit, which is based in Cincinatti and has appellate jurisdiction over much of the midwest. Only after going through the Sixth Circuit would the case go to the Supreme Court of the United States. Reading Judge Lawson’s opinion, I think it’s very unlikely the case will go much further, but then, IANAL.
The appeal to the Sixth Circuit is “as of right,” i.e., it has to accept and decide the case. Whether the decision will be reported, i.e., designate as binding in future cases, is another matter. It is the subsequent appeal to the Supreme Court, if it happens, which is discretionary.
Thanks for the correction, PBear. I don’t know where my head was.