What is a petition for discretionary review?

A petition for discretionary review is a legal process that allows a party involved in a criminal case to appeal a decision by a lower court to the Supreme Court of North Carolina. The petition, also known as a writ of certiorari, is the first step in the process and must be filed within a certain amount of time after the lower court has rendered its decision. In North Carolina, discretionary review is a two-tier process. The Supreme Court initially determines whether to grant the petition, a decision that depends on the quality of the petition and the seriousness of the issue. If the Supreme Court grants the petition, a full review of the lower court decision will take place. The Supreme Court will review the petition to determine if any legal errors were made that may have influenced the lower court’s decision. Once the review is complete, the Supreme Court can either affirm the lower court’s decision, or it can reverse the decision and remand the case back to the lower court for a new hearing. It is important to understand a petition for discretionary review is a complex legal process that should not be attempted without legal assistance. An experienced attorney who specializes in criminal appeals can help ensure that a petitioner’s rights are fully protected and that the petition complies with the procedural requirements of the legal system.

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What is a petition for discretionary review?

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