to allow either would overturn the Appeal judgment.
in response to
by
posted on
Oct 09, 2007 01:02PM
Appeals court decisions, unlike trial court decisions, are binding precedent. Other courts in that circuit must, from that point forward, follow the appellate court's guidance in similar cases, regardless of whether the trial judge believes that the case should be decided differently.
http://en.wikipedia.org/wiki/United_States_court_of_appeals
Be well