Are appellate court opinions binding?
Appellate court opinions state the interpretation of laws inside a court of appeals. In Texas, the opinions created by the Court of Criminal Appeals can be binding. This means the opinion created acts as an authoritative reference in resolving any dispute or future case that has the same facts. The opinion cannot be contradicted by any other party, lawyer, or court. Any lower courts that hear the same case must abide by the opinion and recognize it as the legal precedent. Although an appellate court opinion is binding, it may not be final. If the appellate court opinion is found to be flawed or incorrect, it can be overturned by a higher court. This often happens when the facts of the case have been changing, or when the focus of the law has shifted over time. This is why it is important to have multiple levels of appeals - so that if the facts of a case change, the opinion may be overturned. In general, appellate court opinions are binding in Texas, and must be taken into account when resolving any subsequent cases with the same facts. Although appellate opinions can be overturned, this is rare and typically only occurs when there are significant changes in the facts of the case or when the law has shifted over time.
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