What is a petition for writ of certiorari?

A petition for writ of certiorari is a legal request for a higher court to review a lower court’s decision. In Virginia criminal appeals, this means that a defendant or petitioner can request a higher court to review the decision made by a lower court. This type of appeal is generally used when the lower court’s decision was based on a misinterpretation of the law. While the state of Virginia allows a petition for writ of certiorari, it is only a last resort. Before this type of petition can be made, other appeals processes must be exhausted. This includes filing a motion to reconsider, appealing to the Virginia Supreme Court, and filing a petition for writ of error. In order to request a petition for writ of certiorari, a petition must be filed with the Virginia Supreme Court. The petition must contain detailed information about why the petitioner believes the lower court’s decision was wrong. In addition, the petitioner may have to prove that they have exhausted all other possible appeals. Once the petition is filed, the court will either grant or deny the request. If the request is granted, the Virginia Supreme Court will review the lower court’s decision. If the court reverses the decision, the Supreme Court will issue a new ruling which will be the final decision in the case.

Related FAQs

What is an en banc court?
What is the process for filing a petition for post-conviction relief?
What is the purpose of an appellate brief?
Are there special procedures for appeals involving capital punishment?
How long do I have to file an appeal after a criminal conviction?
Are appellate court opinions binding?
What is a writ of mandamus?
Can a criminal appeal be reheard by the same court?
What is a direct appeal?
What is the difference between a direct appeal and a collateral appeal?

Related Blog Posts

Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023
Understanding the Elements of a Criminal Appeal Case - August 7, 2023
What to Expect When Filing a Criminal Appeal - August 14, 2023
Strategies for Effectively Contesting a Criminal Conviction - August 21, 2023
5 Tips on How to Prepare for Criminal Appeal Hearings - August 28, 2023