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Topic: Writ of certiorari

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	Duely and Constantly Kept
		Writs of certiorari were used to transfer proceedings to the Supreme Court from a lower court of record prior to final judgment; to review the final judgment of an inferior court not of record (such as justices of the peace); and to review quasi-judicial decisions of public officers.
		The writ of certiorari was applied for in an affidavit, in which the applicant specified the type of civil action or criminal charge and described the proceedings thus far, stating any errors alleged to have occurred.
		The writ of certiorari was an order of the Supreme Court, commanding the judges of a lower court or a justice of the peace to return a certified transcript of the pleadings and proceedings in the case.
	www.courts.state.ny.us /history/elecbook/duely/pg40.htm (2528 words)

	98-1004
		We disagree, and we deny the petition for writ of certiorari.
		A writ of certiorari is an extraordinary writ that can only be granted when the petitioner is clearly entitled to relief and there is no other adequate remedy at law.
		This court will grant a writ of certiorari only when there is a lack of jurisdiction, an act in excess of jurisdiction on the face of the record, or the proceedings are erroneous on the face of the record.
	courts.state.ar.us /opinions/1999a/19990128/98-1004.html (1828 words)

	US CODE--TITLE 28--APPENDIX
		A petition for a writ of certiorari seeking review of a judgment of a lower state court that is subject to discretionary review by the state court of last resort is timely when it is filed with the Clerk within 90 days after entry of the order denying discretionary review.
		The time to file a petition for a writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance date of the mandate (or its equivalent under local practice).
		Disposition of a Petition for a Writ of Certiorari
	www.access.gpo.gov /uscode/title28a/28a_6_3_.html (2962 words)

	FindLaw - US Supreme Court Order - 06/28/2004
		The petition for a writ of certiorari is denied.
		The petitions for writs of certiorari are denied.
		The petitions for writs of mandamus are denied.
	washingtonpost.findlaw.com /supreme_court/orders/2003/062804pzor.html (927 words)

	Whitney v. Dick, 202 U.S. 132, 26 S.Ct. 584, 50 L.Ed. 963 (1906)
		George Dick, and the return to the said writ of certiorari having been filed, the matter was duly argued and submitted to the court for consideration and decision upon the said return and upon the briefs of counsel for the respective parties.
		The writ of habeas corpus is not the equivalent of an appeal or writ of error.
		Especially is this true of the Federal procedure, the only instance in which certiorari is named as the writ for the removal of cases from a lower to a higher court being in the authority given to this court to bring up cases from the courts of appeal by certiorari.
	www.utulsa.edu /law/classes/rice/USSCT_Cases/Whitney_v_Dick_202_132.htm (1967 words)

	Cr02-024
		The writ of error coram nobis is an ancient writ developed from the common law of England that provides a remedy where the convicted criminal defendant is not protected by his right of appeal because the record on its face discloses no error to the appellate court.
		In the instant matter, requiring the petitioner to file a petition for writ of certiorari in this court within thirty days requires the petitioner to also produce a certified record of the lower court proceedings within that relatively short period of time inasmuch as the petition cannot be filed here without such a record.
		While we treat an appeal from the denial of bail as a petitionfor writ of certiorari, the denial of bail is an exercise of the lower court's discretion for which there is no other immediate mode of review provided and which can be reviewed ordinarily with a limited record.
	courts.state.ar.us /opinions/2002a/20020425/cr02-024.html (1608 words)

	Untitled Document (Site not responding. Last check: 2007-10-21)
		The writ of certiorari should actually be an appeal and the petitioner should file the appropriate notice of appeal with the clerk’s office.
		When a petition for writ of certiorari is filed in the circuit court to review a decision by a local administrative body, the circuit court must determine whether: (1) the parties received due process of law; (2) the order meets the essential requirements of law; and (3) the order is supported by competent substantial evidence.
		Accordingly, petitioner’s writ of certiorari should be denied and a notice for appeal should be entered by the petitioner.
	www.paperst.com /elaw/sCRIMCRT2.html (959 words)

	CERTIORARI
		Upon receipt of the praecipe for a writ of certiorari, the prothonotary shall issue the writ and direct it to the district justice in whose office the record of the proceedings containing the judgment is filed.
		The district justice to whom the writ of certiorari is directed shall, within ten (10) days after its receipt by him, make return to the writ by transmitting to the prothonotary a certified true copy of the record of the proceedings containing the judgment.
		Receipt of the writ of certiorari by the district justice to whom it was directed shall operate as a supersedeas, except as provided in subdivision B of this rule.
	members.aol.com /RulesPA/DJ9.html (851 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)

	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)

	Dissenting Opinion by Davis, J., Scott v. Stewart, No. 29772
		We have long interpreted this language to mean that a writ of certiorari cannot be used when a statute provides for another means of judicial review.
		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.
		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)

	Learn more about Appellate review in the online encyclopedia. (Site not responding. Last check: 2007-10-21)
		In most jurisdictions the normal and preferred way of seeking appellate review is by filing an appeal of the final judgment or appeallable interim Court order in a case such as the denial of a request for an interim injunction which are often appeallable as of right.
		There is no corresponding right to a writ in any pure or continental civil law legal systemss, though some mixed system such as Quebec recognize these prerogative writs.
		See also: Appellate court, Court of Appeals, Reversible error, Writ of Certiorari, Writ of habeas corpus, Writ of mandamus.
	www.onlineencyclopedia.org /a/ap/appellate_review.html (222 words)

	Document Library (Site not responding. Last check: 2007-10-21)
		9th Cir.R. (ii) A petition for a writ of certiorari and the response to the petition must be accompanied by a certification of compliance which states that the petition or the response conforms to the format noted at (d)(1) and word count noted at (d)(2)(i) or (d)(2)(ii).
		(iii) The petition for a writ of certiorari and the response to the petition
		The cover of a petition for a writ of certiorari should be white; that of the response(s), cream.
	www.ce9.uscourts.gov /Web/OCELibra.nsf/0/d03f65df26543d21882568c500673c07?OpenDocument (733 words)

	[No title]
		Petitioner invokes this Court's jurisdiction to grant the Petition for a Writ of Certiorari to the Supreme Court of Florida on the basis of 28 U.S.C. Section 1257.
		It is one of the most fundamental tenets of jurisprudence that "the `denial of the writ of certiorari imports no expression of opinion upon the merits of the case.'" Teague v.
		After granting certiorari, this Court certified a question to the Pennsylvania Supreme Court, asking whether the interpretation of law it applied to Scarpone's case was the correct interpretation of law at the time of Fiore's conviction.
	www.oranous.com /florida/AmosKing/MillsApprendi.htm (7801 words)

	DOJ/Antitrust
		The petition for a writ of certiorari was filed on August 7, 2001.
		Microsoft's petition for a writ of certiorari is specifically directed to the question whether the court of appeals properly determined the appropriate remedy for the judge's failure to disqualify himself under Section 455(a).
		Microsoft then filed its petition for a writ of certiorari and moved the court of appeals to stay its mandate pending disposition of the petition, characterizing the court of appeals' decision as creating a conflict with this Court's decision in Liljeberg and with other lower court decisions.
	www.usdoj.gov /atr/cases/f8900/8951c.htm (6263 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)

	Appellate review
		However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of.
		In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
		There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed system such as Quebec recognize these prerogative writs.
	www.brainyencyclopedia.com /encyclopedia/a/ap/appellate_review.html (294 words)

	246 Pa. Code Rule 1009. Praecipe for Writ of Certiorari. (Site not responding. Last check: 2007-10-21)
		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.
		D. The praecipe and the writ shall be on a form which shall be prescribed by the State Court Administrator.
		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.
	www.pacode.com /secure/data/246/chapter1000/s1009.html (380 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.
		For all the foregoing reasons, the petition for writ of certiorari should be granted.
	www.erowid.org /plants/mushrooms/mushrooms_law6.shtml (10491 words)

	Gerry Armstrong--Scientology's Petition for Writ of Certiorari 07-16-2004
		Gerry Armstrong--Scientology's Petition for Writ of Certiorari 07-16-2004
		Toulumne County Water Co., 169 Cal. 46, 50, 145 P. petitioner CSI seeks a writ of certiorari, or, in the alternative, a writ of mandamus.
		writ of certiorari" because the petitioner, "for whose protection the injunction was
	www.gerryarmstrong.org /50grand/legal/a7/appeal/pet-writ-cert-2004-07-16.html (4532 words)

	BRIEF IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI BY AWCC, ET AL.
		The threshold question, before considering the District Court's decision on certiorari, is whether Roe's claim is of "imperative public importance." Roe's complaint simply alleges violations of a federal statute and resulting money damages for those violations.
		Roe fails to address any of the requirements mandated by Supreme Court Rule 11, and, therefore, her petition for writ of certiorari should be denied.
		Roe's appeal is not of imperative public importance and, therefore, certiorari should not be granted in deviation from normal appellate practice.
	www.forerunner.com /fyi/law/roe-v-aw/ussc032001.htm (3331 words)

	PETITION FOR A WRIT OF CERTIORARI
		The writ should be granted to clarify when a trial court may strip away a defendant's Sixth Amendment right to self-representation where the defendant neither engages in misconduct nor flouts the procedural rules of the court.
		The writ should be granted to clarify what remedial measures a trial court must undertake, once a defendant is banished from the courtroom, to ensure that he is nonetheless afforded the opportunity to participate meaningfully in the trial proceedings.
		The writ should be granted to clarify if the removal of a juror is such a critical stage in a trial that the defendant has a right to be present, especially when he conducted the voir dire of this juror in exercise of his right to self-representation.
	www.refuseandresist.org /mumia/1999/043099SCBRIEF.html (6181 words)

	246 Pa. Code Rule 1013. Writ of Certiorari as Supersedeas.
		A. Receipt of the writ of certiorari by the magisterial district judge to whom it was directed shall operate as a supersedeas, except as provided in subdivision B of this rule.
		Where the deposit of money or bond is made pursuant to this Rule at the time of the filing of the writ, the prothonotary shall make upon the writ and its copies a notation that the writ will operate as a supersedeas when received by the magisterial district judge.
		If the writ involves a judgment for the possession of real property, however, it will operate as a supersedeas upon receipt by the magisterial district judge only if money is paid or a bond is filed conditioned as stated in the rule.
	www.pacode.com /secure/data/246/chapter1000/s1013.html (583 words)

	State v. Benzon (Order Denying Application for Writ of Certiorari) (Site not responding. Last check: 2007-10-21)
		2002), an application for writ of certiorari must be filed within "thirty days after the filing of the decision" by the Intermediate Court of Appeals.
		Although the writ of certiorari was postmarked prior to the thirty-day deadline, it was not filed until March 25, 2003, thirty-two days after the decision by the Intermediate Court of Appeals.
		Inasmuch as we deny this writ for certiorari on other grounds, we need not address the issue of the application's timeliness.
	www.state.hi.us /jud/24464certd.htm (154 words)

	LII: lexicon: writ of certiorari
		A discretionary writ issued by an appellate court demanding that a lower court deliver a case record for review.
		Most cases that reach the US Supreme Court do so by a writ of certiorari.
		Frequently, the term will be shortened, as in "The Court granted cert." See the Tech Law Journal for further information.
	www.law.cornell.edu /lexicon/writ_of_certiorari.htm (62 words)

	U.S. Supreme Court Petition for Writ of Mandamus
		The U.S. Supreme Court may also have been more receptive to the petition for certiorari had it been apprised that the Judge was disqualified under 28 U.S.C. 455(a) and § 455(b)(5)(i) at the time she made her rulings and entered judgment in favor of Tulane.
		In a complaint of judicial misconduct and petition for writ of mandamus to the Fifth Circuit Court of Appeals, petitioner documented Judge Berrigan's activities that presumably would require her disqualification.
		I certify that one copy each of this Petition for Writ of Mandamus was hand delivered on or about August 26, 1999 to judge respondent and counsel for plaintiff and that three copies were hand delivered to counsel for defendant at the addresses indicated below.
	www.tulanelink.com /legal/supreme_99a.htm (6481 words)

	28-9.7-14 (Site not responding. Last check: 2007-10-21)
		§ 28-9.7-14 Writ of certiorari to the supreme court.
		– The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court.
		In the event a decision of the arbitration panel is sought to be reviewed by writ of certiorari to the supreme court, then the matter shall be given priority by the supreme court.
	www.rilin.state.ri.us /Statutes/TITLE28/28-9.7/28-9.7-14.HTM (72 words)

	Appellate review (Site not responding. Last check: 2007-10-21)
		However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contemptof court, can be appealed immediately although the case may otherwise not have been fully disposed of.
		In Anglo-American common law courts, appellate review of lower courtdecisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
		See also: Appellate court, Court of Appeals, Reversible error, Writ of Certiorari, Writ of habeas corpus, Writ ofmandamus.
	www.therfcc.org /appellate-review-1825.html (246 words)

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