Certiorari Petition Attorney
The United States Supreme Court receives approximately 7,000 to 8,000 petitions for certiorari anually and grants roughly 70. Getting a petition granted requires presenting a compelling case, in the right posture, with the right argument at the right time. A certiorari petition attorney who understands the Supreme Court’s criteria is the first requirement of a viable cert petition.
The Law Offices of Beau B. Brindley has argued before the United States Supreme Court. Our appellate practice extends from the trial courts through the federal circuit courts and to the nation’s highest judicial authority. If your case presents a question of federal law on which the circuits are divided, or a question of constitutional significance that the Supreme Court has not yet resolved, call 312.765.8878 to speak with a certiorari petition attorney who has extensive experience in this area.
What Is a Petition for Certiorari?
A petition for writ of certiorari in a criminal case is a formal request to the United States Supreme Court to review a lower court’s decision. The Supreme Court’s jurisdiction over federal court decisions is discretionary, meaning the Court chooses which cases to hear. Filing a petition does not guarantee review. The Court grants certiorari when at least four of the nine Justices believe the case presents a question important enough to warrant the Court’s attention
What Makes a Case Certworthy?
A Supreme Court certiorari attorney analyzes several factors that the Supreme Court considers when deciding whether to grant review:
- Circuit splits: When two or more federal circuit courts have reached conflicting decisions on the same question of federal law, the Supreme Court often grants certiorari to resolve the conflict and establish a uniform national rule. This is the most compelling basis for a cert petition.
- Important federal questions: Questions of constitutional significance, such as the scope of the Fourth Amendment, the right to counsel, and the limits of prosecutorial power, attract the Court’s attention even without a circuit split.
- Conflicts with Supreme Court precedent: When a lower court decision directly conflicts with existing Supreme Court case law, the Court may grant certiorari to correct the error.
- Case posture: The Supreme Court prefers cases where the issue is clearly presented, and the facts do not obscure the legal question. How the issue was litigated below and the lower court’s ruling influence whether the Court views the case as an ideal vehicle.
The Cert Petition — Format and Strategy
An experienced certiorari strategy attorney must follow the Supreme Court’s Rules precisely. Rule 33 governs the format of petitions, specifying that they must be in booklet format, adhere to specific margins, and have word limits. The petition must contain a question presented, a statement of jurisdiction, a statement of the case, the reasons for granting the writ, and any relevant lower court opinions as an appendix. The question presented is the most critical element, as it frames the issue for the Court and determines whether the Justices see the case as certworthy.
Timing and Deadlines
A petition for certiorari must be filed within 90 days of the entry of judgment by the court of appeals, or within 90 days of the denial of a timely petition for rehearing. The Court may extend this deadline on application for good cause. Once a petition is filed, the respondent, typically the government, has 30 days to file a waiver or response. The Court then distributes the petition to the Justices for conference. Most petitions are denied without comment at the conference.
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Frequently Asked Questions — Certiorari Petitions
What are the chances the Supreme Court will grant my petition?
The Supreme Court grants certiorari in approximately 1% of the petitions it receives. The cases that are granted typically present circuit splits, important constitutional questions, or conflicts with Supreme Court precedent. A certiorari petition attorney will provide you with an honest evaluation of whether your case presents the type of question the Court is likely to grant. Filing a weak petition is not without cost — it occupies the Court’s time and may negatively affect the perception of future petitions in similar cases.
Do I need to have lost at the circuit court to file a cert petition?
Generally, yes. The Supreme Court’s certiorari jurisdiction requires a final judgment from a lower federal court. In federal criminal cases, this means the circuit court of appeals must have rendered a decision on the case. While there are limited exceptions, in most federal criminal matters, the cert petition follows the circuit court’s affirmance of the conviction or sentence.
What happens after the Supreme Court grants certiorari?
When the Court grants certiorari, the case proceeds to a full briefing on the merits. Both parties file merits briefs, which are typically much longer and more detailed than the cert petition. Subsequently, the case is scheduled for oral argument. The federal appeal Supreme Court lawyer then argues the case before all nine Justices in Washington, D.C. The Court issues a written opinion, which becomes binding law nationwide, typically within the same term.
Can Brindley Law handle both the cert petition and the merits brief?
Yes. The Law Offices of Beau B. Brindley handles the complete Supreme Court pipeline, moving from the cert petition through merits briefing and oral argument. Continuity of counsel from petition to oral argument is valuable, as the attorneys who identified the certworthy issue and effectively framed it for the Court are best positioned to argue it before the Justice
Does Your Case Belong Before the Supreme Court?
Call Brindley Law Today.
Not every case belongs in the Supreme Court, but some do. As a certiorari petition attorney who has appeared before the Court, The Law Offices of Beau B. Brindley has the experience to evaluate your case, identify certworthy issues, and pursue them through petition and argument.