What is a petition for writ of certiorari?

A petition for writ of certiorari is a legal document that is filed when a party in a criminal case desires to have their case heard by the appellate court, which is higher than the court that initially oversaw the case. It is not a guaranteed right, but a request for the appellate court to review the case. In New York, a writ of certiorari is a request from a losing party in a criminal case to the court of appeals asking the court to review the decision of the lower court. The petition must be based on a claim that errors of law were made in the earlier proceedings. The court can choose whether or not to accept the petition and review the case. The writ of certiorari is often considered the last resort for those unhappy with the outcome of their criminal case in New York, as the court of appeals is the highest court in the state. A favorable ruling from the court of appeals can result in a new trial or a change in the original sentence. If the court of appeals does not accept the petition, then the original ruling stands.

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What is a petition for writ of certiorari?

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