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not he could go to the Supreme Court would depend upon the
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Legislature, and it is contemplated in the present legis-
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lation, I think, that is pending in the referendum in
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November, under those provisions, the Court of Appeals coul
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grant certiorari in a particular case under certain con-
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ditions, so that I think it is contemplated that there
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will be the right to ask to go to the Supreme Court in
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all cases and in capital cases, I think they automatically
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go to the Supreme Court.
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MR. MARTINEAU: You probably wouldn't be sit-
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ting in panels where you only hove a court of five num-
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bers. This is provided to take care of the situation
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where the Legislature would create additional members
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of the court, and you might have a nine-member court, and
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then you would be able to have three panels sitting
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throughout the State. That is the purpose of that. It
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is not to enable the five-nan court to sit as a three-man
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court.
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MRS. STRAUS: That is what I had in mind.
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JUDGE CARTER: Was any thought given to fixing
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the Maximum? I guess because you don't know what the
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