§602-58 
Application for transfer to the supreme court.  [L 2004, c 202, §58
amendment repealed June 30, 2010.  L 2006, c 94, §1.]  (a)  The
supreme court, in the manner and within the time provided by the rules of
court, shall grant an application to transfer any case within the jurisdiction
of the intermediate appellate court to the supreme court upon the grounds that
the case involves:



(1)  A question of
imperative or fundamental public importance;



(2)  An appeal from a
decision of any court or agency when appeals are allowed by law:



(A)  Invalidating an
amendment to the state constitution; or



(B)  Determining a
state statute, county ordinance, or agency rule to be invalid on the grounds
that it was invalidly enacted or is unconstitutional, on its face or as
applied, under either the constitution of the State or the United States; or



(3)  A sentence of life
imprisonment without the possibility of parole.



(b)  The supreme
court, in a manner and within the time provided by the rules of court, may
grant an application to transfer any case within the jurisdiction of the
intermediate appellate court to the supreme court upon the grounds that the
case involves:



(1)  A question of first
impression or a novel legal question; or



(2)  Issues upon which
there is an inconsistency in the decisions of the intermediate appellate court
or of the supreme court.



(c)  The grant or
denial of an application for transfer under subsection (b) shall be
discretionary and shall not be subject to further review.  Denial of an application
for transfer under subsection (b) shall not prejudice a later application for a
writ of certiorari. [L 1979, c 111, pt of §3; am L 2004, c 202, §58; am L 2006,
c 93, §1]



 



Note



 



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."