I was arrested based on a statute which had expired 6 months prior to the act which I was arrested for, and 8 months prior to my actual arrest. My lawyer agrees. It would appear that this (likely intentional) oversight would divest that court of subject matter jurisdiction with regards ***** ***** case. Anyway we filed an Original Jurisdiction petition with the state supreme court and referenced this particular oversight. However I have read some case law recently which would seem to suggest that if the arrest was based on a non-existent statute, then there is no subject-matter jurisdiction, and so there is no case for the supreme court to hear, and so there is nothing for the supreme court to review. However here is a case--granted out of Wisconsin--which would seem to suggest the exact opposite i.e. that an attack on subject matter jurisdiction mandates review:
What exactly are the possibilities going forward with a situation like this?
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