What is the difference between a discretionary and a non-discretionary appeal?

In Kansas, the difference between a discretionary and a non-discretionary appeal is the level of review involved. A discretionary appeal is one that is granted by a higher court, such as the Kansas Supreme Court, and is based on the court’s own discretion. This means that the court can choose to review the case and then make a decision based on the merits of the case. On the other hand, a non-discretionary appeal is one in which the higher court is obligated to hear the case because there is an error in the lower court’s decision. In this case, the higher court must review the case and make a decision based on the law. In Kansas, most appeals are discretionary, which means that the court can choose whether or not to grant an appeal. A non-discretionary appeal is one in which the court must review the case because there is an error in the lower court’s decision. For example, if the lower court issued a decision that was in conflict with the law, the higher court would be obligated to consider the case and make a ruling based on the law. Kansas also has a special process for appeals called a petition for transfer. This process allows the higher court to transfer a case from a lower court, even if the lower court ruled correctly on the law. This process is discretionary, meaning that the higher court can choose whether or not to transfer the case. Overall, the main difference between a discretionary and a non-discretionary appeal is the level of review involved. Discretionary appeals are those that the higher court chooses to review and make a decision based on the merits of the case, while non-discretionary appeals are those that the higher court is obligated to hear due to an error in the lower court’s decision.

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What is the difference between a discretionary and a non-discretionary appeal?

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