What if, in a case, 2+ judges at the same level disagree? Forum

[sighsigh]

So I'm reading a criminal case written by three judges, all who are at the same court level. Two have the opinion of not-guilty and one has the opinion of guilty. A verdict of not-guilty was handed down in the case. I'm guessing that this verdict came about with a simple 2-1 vote, and the opinion of the judge who argued for guilty does not become case law. Right?

Also, of the two judges who had the opinion of not-guilty, each arrived at this opinion for different sets of reasons. Which set of reasons, if either, becomes the formal case law to be referred to?

Cheers!

[Flips88]

Yes, the 2 votes for not guilty is the majority decision in the case. The single dissenting vote has no controlling effect and the opinion would have no real authority for future courts unless they were to reconsider the issue and side with that reasoning. If the 2 judges for the majority have different reasoning then neither would create controlling precedent. You could use either reasoning for persuasive authority, but neither would be considered controlling by a lower court.

[pancakes3]

Sorry, I was trying to TLS-stalk you and figure out what school you attend. It's not clear if you're Canadian and in an American LS or actually attending a Canadian LS.

[sighsigh]

Yes, the 2 votes for not guilty is the majority decision in the case. The single dissenting vote has no controlling effect and the opinion would have no real authority for future courts unless they were to reconsider the issue and side with that reasoning. If the 2 judges for the majority have different reasoning then neither would create controlling precedent. You could use either reasoning for persuasive authority, but neither would be considered controlling by a lower court.

Awesome, that's what I thought, thanks. And so I gather that if I want to refer to a particular judge's reasoning, it would make sense to cite not only the case but the judge's name along with it.

Sorry, I was trying to TLS-stalk you and figure out what school you attend. It's not clear if you're Canadian and in an American LS or actually attending a Canadian LS.

I'm at a Canadian LS (the common-law principles should be very similar though).