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Topic: Certiorari


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In the News (Sun 18 Aug 19)

  
 Facts about topic: (Certiorari)   (Site not responding. Last check: 2007-11-06)
Historically, certiorari was a prerogative writ (additional info and facts about prerogative writ) used to direct a lower court or tribunal to certify for review the "record" in the case.
In the U.S., certiorari is the writ that an appellate court (A court whose jurisdiction is to review decisions of lower courts or agencies) issues to a lower court in order to review its judgment for legal error, where no appeal is available as a matter of right.
The legal effect of the Supreme Court's denial of a petition for a writ of certiorari is commonly misunderstood as meaning that the Supreme Court approves the decision of a lower court.
www.absoluteastronomy.com /encyclopedia/c/ce/certiorari.htm   (493 words)

  
 "Certiorari" Defined
Certiorari is the general method most cases make their way to be heard by the U.S. Supreme Court since it has specific jurisdiction over a very limited range of disputes.
This is the name of a writ issued from a superior court directed to one of inferior jurisdiction, commanding the latter to certify and return to the former the record in the particular case.
A certiorari, for example, is the correct process to remove the proceedings of a court of sessions or of county commissioners in laying out highways.
www.lectlaw.com /def/c024.htm   (407 words)

  
 Pamela F. SKOKOS v. Honorable Alice S. GRAY
Certiorari, Writ of -- writ not available to review exercise of discretion -- Writ of certiorari to disqualify the respondent was denied because the decision by a judge whether or not to recuse lies within the judge's discretion, and certiorari does not lie to control a judge's discretion.
Certiorari lies where there is a want of jurisdiction or an act in excess of jurisdiction which is apparent on the face of the record.
Certiorari does not lie to disqualify a judge from hearing a proceeding unless the judge is proceeding illegally, or in want, or in excess, of his or her jurisdiction.
courts.state.ar.us /opinions/old/94-952A.html   (3196 words)

  
 Certiorari   (Site not responding. Last check: 2007-11-06)
Certiorari is ordinarily used to bring the record of a judicial or quasi-judicial body before a superior court in order to determine whether the inferior body acted within its jurisdiction and should be utilized where there is no other adequate remedy such as appeal.
In Missouri, the writ of certiorari is the same as at common law, and courts may properly adopt usages and principles applicable to the issuance of the writ as developed under the common law system, consistent with the letter and spirit of existing statutes and the constitution.
Ordinarily on a writ of certiorari, review is only of the validity of the lower court record, infirmities in jurisdiction and questions of the law; questions of fact or merits of the case are not reviewable.
www.mobar.org /handbook/certiorari.htm   (264 words)

  
 FindLaw - US Supreme Court Order - 06/28/2004
The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Pliler v.
The petition for a writ of certiorari is denied.
The petitions for writs of certiorari are denied.
washingtonpost.findlaw.com /supreme_court/orders/2003/062804pzor.html   (927 words)

  
 Definition: Certiorari, Petition for Writ of Certiorari.
Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to".
The abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited.
The effect of denial of certiorari by the U.S. Supreme Court is often debated.
www.techlawjournal.com /glossary/legal/certiorari.htm   (413 words)

  
 Bench & Bar of Minnesota
In English common law, certiorari review was a writ from a superior court to an inferior court requiring it to produce a record which the high court would review for "irregularities" -- by definition a limited scope of review.
Over the past ten years, the Minnesota courts have established that certiorari review is the usual and appropriate procedure to contest the quasijudicial decision of a public body to terminate a public employee.
Certiorari is an unusual process by which the attorney representing the claimant obtains the writ and serves it.
www2.mnbar.org /benchandbar/2000/m-j00/wrongful-term.htm   (2152 words)

  
 Certiorari - dKosopedia   (Site not responding. Last check: 2007-11-06)
In the United States, certiorari is the writ that an appellate court issues to a lower court in order to review its judgment for legal error, where no appeal is available as a matter of right.
It most frequently refers to the writs of the U.S. Supreme Court, which grants certiorari (or "cert") at its discretion to choose the cases it wants to hear.
Since most cases cannot be appealed to the Supreme Court, for example, a party who wants that court to review a decision of a federal or state court files a "petition for a writ of certiorari" in the Supreme Court.
www.dkosopedia.com /index.php/Certiorari   (484 words)

  
 Petition for Writ of Certiorari by the State of Colorado
This court has the opportunity with this case to determine the appropriate standard and clarify to what extent the secrecy of jury deliberations need to be protected in cases that do not involve an attack on the validity of a verdict or a ruling for a mistrial.
Certiorari review is also necessary to correct the misapplication by the court of appeals of well settled law regarding appellate review of the sufficiency of the evidence.
Certiorari review is necessary to rectify the majority’s finding that certain aspects of the evidence were insufficient.
www.levellers.org /jrp/csc.cert.htm   (3275 words)

  
 Order list (MONDAY, JUNE 20, 2005)   (Site not responding. Last check: 2007-11-06)
Raich, 545 U.S. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
California, 545 U.S. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
Booker, 543 U.S. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
straylight.law.cornell.edu /supct/html/062005.ZOR.html   (720 words)

  
 Duely and Constantly Kept
A 1787 law forbade use of the writ of certiorari to remove cases from a court of common pleas to the Supreme Court when the amount in controversy was under 100 pounds, later changed to $250 (subsequently $500 in New York City).
The writ of certiorari was also used to remove judgments in justices' civil courts directly to the Supreme Court for review (bypassing the courts of common pleas and the mayors' courts).
The Supreme Court exercised appellate jurisdiction by writ of certiorari over decisions of the canal appraisers in awarding damages, and of town, city, or village officers in awarding compensation for property taken for roads or streets.
www.courts.state.ny.us /history/elecbook/duely/pg21.htm   (1469 words)

  
 Dissenting Opinion by Davis, J., Scott v. Stewart, No. 29772
State Road Comm'n, 103 W. Va. 714, 719-720, 138 S.E. 362, 364 (1927) (“The writ [of certiorari] is an extraordinary remedy resorted to for the purpose of supplying a defect of justice in cases obviously entitled to redress and yet unprovided for by the ordinary forms of procedure.”); Ashworth v.
Machine Works, 24 W. Va. 517 (1884) (“Certiorari is an extraordinary remedy resorted to for the purpose of supply[ing] a defect of justice in cases obviously entitled to redress and yet unprovided for by the ordinary forms of proceeding.”).
The decision in Falconer concerned filing a writ of certiorari instead of an appeal to the circuit court from a judgment from the justice of the peace court.
www.state.wv.us /wvsca/docs/fall01/29772d.htm   (1928 words)

  
 Petition for Certiorari
PETITION FOR A WRIT OF CERTIORARI TO Petitioner herein respectfully prays that a writ of certiorari issue to review the judgement of the United States Court of Appeals for the District of Columbia entered on October 3, 1996.
Certiorari should be granted to consider whether the Final Order should be set aside because the decision was made without the procedure required by law.
This Court should grant certiorari to consider whether the destruction of the premise on which Congress placed marijuana in schedule I makes the D.E.A.’s refusal to consider rescheduling unconstitutional, in that it is not rationally related to any legitimate government purpose.
www.druglibrary.org /olsen/dea/cert-pet.html   (6603 words)

  
 FindLaw - US Supreme Court Order - 04/04/2005
Weber, 544 U.S. The petition for a writ of certiorari is granted.
Booker, 543 U.S. The petition for a writ of certiorari is granted.
The petition for a writ of habeas corpus is denied.
supreme.lp.findlaw.com /supreme_court/orders/2004/040405pzor.html   (1621 words)

  
 Order list (TUESDAY, OCTOBER 12, 2004)   (Site not responding. Last check: 2007-11-06)
The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
CHEVRON U.S.A. The petition for a writ of certiorari is granted.
The petition for a writ of certiorari before judgment is denied.
supct.law.cornell.edu /supct/html/101204.ZOR.html   (1162 words)

  
 [No title]
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Joseph Bryna Thurman v.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: William Whitted, alias Sonny Whitted v.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Ernest Braxton Diggs, Jr.
www.wallacejordan.com /decisions/Opinions2002/as121302.txt   (4139 words)

  
 246 Pa. Code Rule 1009. Praecipe for Writ of Certiorari.   (Site not responding. Last check: 2007-11-06)
If the party aggrieved by the judgment was the plaintiff in the action before the magisterial district judge, he may file a praecipe for a writ of certiorari only on the last mentioned ground.
Under subdivision B, the praecipe for the writ of certiorari must be filed within thirty days after the date of the judgment, except when a question of jurisdiction is raised.
A party who files his praecipe after the thirty day period has run can be heard only on the question of jurisdiction (if permitted to raise that question under subdivision A) even though he claims improper venue or gross irregularity along with his claim of lack of jurisdiction.
www.pacode.com /secure/data/246/chapter1000/s1009.html   (380 words)

  
 Petition for Certiorari, U.S. Supreme Court, Case No. 01-249
The present Petition for Writ of Certiorari is filed within 90 days of the denial of Petition for Panel Rehearing by the Fifth Circuit and is timely pursuant to 28 U.S.C. §§1257 and 2101(c) and Rule 10(1)(c) of the Rules for the U.S. Supreme Court.
Petitioner, Dr. Carl Bernofsky, respectfully prays that a Writ of Certiorari be granted to review the decision of the United States District Court for the Eastern District of Louisiana granting Motion for Summary Judgment in favor of the respondent and the affirmation of same by the United States Court of Appeals for the Fifth Circuit.
The petitioner, therefore, urges this Honorable Court to grant a writ of certiorari to correct the error of the lower court and to resolve the conflict of law that exists in the circuit courts.
www.tulanelink.com /legal/supreme_01a.htm   (5604 words)

  
 FindLaw Professionals: Petitioning and Opposing Certiorari in the U.S. Supreme Court   (Site not responding. Last check: 2007-11-06)
It is as true today as when Justice Harlan voiced the complaint in the late 1950s that "a great many petitions for certiorari reflect a fundamental misconception as to the role of the Supreme Court" and have no chance whatever of being granted.
Ideally, then, the certiorari petition will demonstrate both that the lower courts are in disarray on the issue the Supreme Court is being asked to review and that the issue is of considerable national importance.
Such denials of certiorari in the face of a circuit split are not unusual.
profs.lp.findlaw.com /appellate/cert1.html   (2865 words)

  
 Order list (MONDAY, APRIL 2, 2001)   (Site not responding. Last check: 2007-11-06)
The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Apprendi v.
New Jersey, 530 U.S. The motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied.
00-8501 BAKER, SALLY M. The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed.
supct.law.cornell.edu /supct/html/040201.ZOR.html   (587 words)

  
 No. 04-1084: Gonzales v. O Centro - Petition
The decision of the court of appeals enjoins the federal government from enforcing a longstanding and unquestionably constitutional criminal law that bans the importation, possession, distribution, and use of a Schedule I controlled substance.
In short, there are portentous diplomatic and international law enforcement costs associated with the forced renegotiation of an international treaty in a way that would require the compromise of important objectives and the disruption of longstanding policies.
The petition for a writ of certiorari should be granted.
www.usdoj.gov /osg/briefs/2004/2pet/7pet/2004-1084.pet.aa.html   (5455 words)

  
 [No title]
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: William Kent Walker v.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Billy Francis Chapman, Jr.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: Monshetta Jackson and Mary Jackson v.
www.wallacejordan.com /decisions/Opinions2004/as041604.txt   (2636 words)

  
 Hon. Peter J. Messitte, "The Writ of Certiorari: Deciding Which Cases to Review " , eJournal USA: Issues of Democracy, ...
The act authorized use of the writ of certiorari (or "cert", from the Latin "to be informed"), by which the Court directs an inferior court to certify and transmit for review the record of a particular case.
The Court necessarily accepts relatively few appeals based primarily on alleged error in a trial court's findings of fact or the misapplication of a properly stated rule of law; review of these issues by the intermediate federal or state court typically is final.
The cases the justices do decide to hear each year, those in which it grants certiorari, invariably result in decisions that have a profound impact on America and, for that reason, are followed by the public with the greatest interest.
usinfo.state.gov /journals/itdhr/0405/ijde/messitte.htm   (2420 words)

  
 Erowid Psilocybin Mushroom Vault : Law : Writ of Certiorari to Federal Supreme Court : Iowa V Atley
This Court should grant certiorari to consider whether Petitioner's cultivation of mushrooms is no more prohibited than if he cultivated Morning Glories, sensitive plants, or any plant or organism not specified, regardless of his "knowledge" that they contain a controlled substance.
This Court should grant certiorari due to the National Importance, in that the interpretation of "material" to encompass non-specified plants would permit "a standardless sweep" and open up almost every citizen to arrest and imprisonment by giving unbridled license to law enforcement to "pursue their personal predilection" of arbitrary and discriminatory enforcement.
The statute, as presently framed, without this Court's determination as to the scope of the term "material," not only fails to accomplish the legislative goals, under the Iowa Supreme Court's Opinion, it is a threat to the right to Due Process and to the protections afforded by the Constitution.
www.erowid.org /plants/mushrooms/mushrooms_law6.shtml   (10510 words)

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