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May an accused whose motion for reconsideration is denied file a petition for certiorari with the supreme court?
Wiki User
∙ 13y ago
Answer
I believe so. An accused has the right to file for a petition for certiorari having been aggrieved by the order of the regional trial court.
For example, the accused has been detained for more than 4 years and was released after the court granted a provisional dismissal of the case on the ground of failure to prosecute. After some time, the complainants moved for the revival of the case. Unbeknownst to the accused, the case was revived. A motion for reconsideration was then filed, but the same was denied by the trial court on the ground that the revival was within the two year grace period for provisional dismissals. The accused plans to go to the US Supreme Court by way of a motion for certiorari.
Answer
If the person is only looking for another opportunity to prove him- or herself innocent, then the answer is no.
Answer
Yes and no. First, the person must be convicted of a crime in order to exercise the appellate process.
A convicted person who exhausts all lower court appeals has the right to file a petition for a writ of certiorari with the US Supreme Court; however, if the person hasn't preserved(raised at the trial and on appeal) one or more significant federal questions (constitutional issues) directly related to his or her case, the petition will be summarily rejected. Approximately 70% of all petitions for writ of certiorari are filed in error, and lack proper grounds for appeal.
The petitioner needs to be aware that the Supreme Court will not review the case on merit, and will generally not take cases that simply allege errors or misapplied laws, unfair as that may seem. The Court's primary mission is to ensure the Constitution is being interpreted and applied correctly (in their opinion) and consistently via statutes and lower court decisions.
Wiki User
∙ 13y ago
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What petition grants the US Supreme Court jurisidiction over a case?
Petition for a writ of certiorari For more information, see Related Questions, below.
How does a US Supreme Court case start?
US Supreme Court cases are initiated when a minimum of four justices agree to grant a petition for writ of certiorari.
What is the name for a formal request to the Supreme Court to hear a case?
The formal request is called a Petition for a Writ of Certiorari.The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court. Review of an appeal is not a right; the justices grant certiorari at their discretion.Appellate courts may also issue a writ of error, which is an order to release the trial record of an adjudicated case. This is most often sent from an intermediate appellate court to the court of original jurisdiction.
What is a person or group who brings a case to the US Supreme Court called?
The party that brings the case, or files a petition for writ of certiorari, is called the Petitioner. The opposing party is called the Respondent.
What directs a lower court to send its records to the US Supreme Court?
A writ of certiorari
If you are denied certiorari by the US Supreme Court what can you do next?
You could file a petition for reconsideration; however, this is unlikely to be successful. Typically, when the US Supreme Court denies certiorari, the decision of the last appellate court to rule on the case becomes final, and the matter is considered res judicata (legally concluded).
What is the name of the request that lawyers make to the Supreme Court asking that a case be reviewed?
petition for a writ of certiorari
Can the US Supreme Court deny a petition for a Writ of Certiorari?
Yes. Due to the volume of petitions, the Supreme Court denies 98-99% of them.
What petition grants the US Supreme Court jurisidiction over a case?
Petition for a writ of certiorari For more information, see Related Questions, below.
What do attorneys first submit to the US Supreme Court?
A petition for a writ of certiorari, or request for the Supreme Court to consider their case on appeal and issue a writ of certiorari to the lower (usually appellate) court. A writ of certiorari is a court order requesting the official records for a specified case.
How does a US Supreme Court case start?
US Supreme Court cases are initiated when a minimum of four justices agree to grant a petition for writ of certiorari.
What does cert denied mean?
"Cert" is short for "certiorari," which refers to the appeal (petition for a writ of certiorari) a party files with the Supreme Court requesting the justices review the case. If the justices decide against hearing the case, they deny the petition. This is usually abbreviated and referred to as "cert denied."
What is the name for a formal request to the Supreme Court to hear a case?
The formal request is called a Petition for a Writ of Certiorari.The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court. Review of an appeal is not a right; the justices grant certiorari at their discretion.Appellate courts may also issue a writ of error, which is an order to release the trial record of an adjudicated case. This is most often sent from an intermediate appellate court to the court of original jurisdiction.
What is the document called that the supreme court receives when it accepts a case?
AnswerCase files and briefs.Contrary to popular belief, the Supreme Court does not receive a Writ of Certiorari when it accepts a case; the court issues a Writ of Certiorari, which is an order to the lower courts to send case records to the US Supreme Court for review.ExplanationA formal request for review by the US Supreme Court is called a petition for a writ of certiorari. If the Supreme Court agrees to hear the case, they grant certiorariand issue a writ of certiorari to the lower court.A writ of certiorari is an order from a higher appellate court to a lower court demanding a certified record of a particular case so the higher court (in this case, the US Supreme Court) can review the lower court's decision.When the lower court receives the writ, they send the case files to the Court. Meanwhile, the attorneys for both parties submit briefs, documents that present the points and arguments for each side of the case.The Supreme Court receives a petition for a writ of certiorari from one party to the case.The Supreme Court decides whether to hear the case: if they agree, they grant certiorari; if they refuse, they deny certiorari.If the Supreme Court grants certiorari, it sends a writ of certiorari to the lower court.The Supreme Court receives case files from the lower court.The Supreme Court receives briefs from the parties to the case.The Supreme Court may receive other documents, such as amicus briefs, etc.
What court grants appeal by permission only?
The Supreme Court of the United States has full discretion over the cases reviewed under its appellate jurisdiction. Appellants submit a "petition for a writ of certiorari," asking the Court to consider a case. If the Supreme Court believes the petition has merit, they may grant certiorari (grant cert) and issue a writ of certiorari (order to the lower court to send case records). When the justices grant cert, they are essentially granting permission to the petitioner to bring a case before the Court.
Can an inmate request a Writ of Certiorari?
Yes, an inmate can petition for a writ of certiorari pro se (for himself). Clarence Earl Giddeon is one inmate who successfully petitioned the Supreme Court because he was denied court-appointed counsel in a felony larceny trial. His petition was successful, and the Supreme Court held in his favor in Gideon v. Wainwright, (1963).It's generally better to have professional legal representation, however.
What should a defendant file to request that the constitutionality of a certain police action be heard by the supreme court?
Assuming that he has exhausted his other appeals, he may file a petition for a writ of certiorari.
