What Is a Petition for Writ of Certiorari? | Federal Criminal Appeals Explained

¡Hola! So I wanted to talk just a little bit today about petitions for a desertio rerum to the South Carolina Supreme Court. And really, you know, how is it that you can make sure that the court entertains your petition? It's not for every single case. It's only for some cases that you want to actually do that once you lose your direct appeal. Petitions for writ of certiorari are controlled by Rule 242 of the South Carolina Appellate Rules. As I said, it's not for every case. There are some things the South Carolina Supreme Court is going to be looking for in your case. For example, if your case raises a novel issue of law. If the Court of Appeals' opinion in your case conflicts with another opinion from the South Carolina Supreme Court. If there is a judge in your case who issued a dissent in your opinion, the Court of— the South Carolina Supreme Court may want to hear the case. Substantial constitutional issues are also the kinds of issues that the South Carolina Supreme Court may be interested in. And then also when there's a federal question that's involved and the Court of Appeals' opinion conflicts with with a decision of the United States Supreme Court, that's also the kind of case that the South Carolina Supreme Court may wanna hear. So, just be aware that not every single case is going to be appropriate to take up to the South Carolina Supreme Court, but that doesn't mean you don't have any remedies. If your case does not fall into one of these categories, it's probably a good time to go ahead and go into post-conviction relief. There are plenty of things that you can do on that basis as well. You can raise claims of ineffective assistance of counsel, any kind of Brady violations, prosecutorial misconduct, juror misconduct. There's a place to go if you cannot or should not at that point file in the South Carolina Supreme Court. If you have any more questions about this, please feel free to give our firm a telephone call. We can be reached at 803-843-3016. 445-1333. Thanks.