Mitchell, Re Application to the Supreme Court [2011] ScotHC HCJAC_60 (07 June 2011)

Mitchell, Re Application to the Supreme Court [2011] ScotHC HCJAC_60 (07 June 2011)

Leave to appeal to the United Kingdom Supreme Court was refused because no devolution issue had been raised before the court at any prior stage, the matters were determined on domestic law grounds, and the application for additional grounds was incompetent as out of time. There was no justiciable issue for the Supreme Court to consider.

Citation
[2011] ScotHC HCJAC_60
Parties
Applicant: Luke Muir Mitchell; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
07 June 2011
Procedural Posture
Application for Leave to Appeal to the United Kingdom Supreme Court / Post Conviction, Post Appeal, Application for Leave to Appeal
Outcome
Leave to appeal to the United Kingdom Supreme Court refused
Legal Topics
Murder Conviction, Right to Fair Trial, Article 6 ECHR, Devolution Issues, Admissibility of Evidence, Finality of Judgments
Criminal Law Human Rights Law Appellate Procedure Murder Conviction Right to Fair Trial Article 6 ECHR Devolution Issues Admissibility of Evidence +1 more

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Parties

Luke Muir Mitchell

Applicant

Crown

Respondent

Procedural Posture

Application for Leave to Appeal to the United Kingdom Supreme Court / Post Conviction, Post Appeal, Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave should be granted to appeal to the UK Supreme Court on grounds involving alleged Convention rights violations and procedural issues
  2. 2 Whether the court's previous decisions involved justiciable devolution issues

Ratio Decidendi

Leave to appeal to the United Kingdom Supreme Court was refused because no devolution issue had been raised before the court at any prior stage, the matters were determined on domestic law grounds, and the application for additional grounds was incompetent as out of time. There was no justiciable issue for the Supreme Court to consider.

Court Disposition

Leave to appeal to the United Kingdom Supreme Court refused

Orders

  • Application for leave to appeal refused