Petitions for Writs

1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[112888]

112888 Posts in 8615 Topics by 4618 Members
Latest Member: garrymoore

[BlackAngel]

Case Number CR 10-456 filed at this court on 05/03/2010
Case Category: Petitions for Writs

Case Caption:
CHARLES JASON BALDWIN
JESSIE LLOYD MISSKELLEY, JR.
V
STATE OF ARKANSAS

Charles Jason Baldwin (ACTIVE) Appellant's counsel:
Joseph Blake Hendrix Jr - LEAD

Jessie Lloyd Misskelley, Jr. (ACTIVE) Appellant's counsel:
Jeffrey Marx Rosenzweig - LEAD

State Of Arkansas (ACTIVE) Appellee's counsel:
Attorney General - LEAD

Trial Court: Craighead
Craighead Circuit, Western District
Trial Court Number: CR93-450 (BALDWIN), CR93-47 (MISSKELLEY)
Trial Judge: Charles David Burnett

------- EVENT LISTING --------
05/03/2010 Petition for Writ of Certiorari or, in the alte t
Action = awaiting action
Appellant's Attorney - Jeffrey Marx Rosenzweig
Petition for writ of certiorari or, in the alternative,
motion for extension of time to file the record.

05/03/2010 Petition for Writ of Certiorari or, in the al
Action = awaiting action
Appellant's Attorney - Joseph Blake Hendrix Jr
Petition for writ of certiorari or, in the alternative,
motion for extension of time to file the record.

05/03/2010 Partial Record Lodged
Number of Volumes 8
Number of Sets 0

[BlackAngel]

Heres what it means

The term comes from a Latin word which means “to be ascertained” or “to make certain.” A writ of certiorari is one of the ways in which a high court can review a case. When a petitioner asks for a writ of certiorari, the request must include an explanation of why the petitioner is resorting to a writ. The request must also indicate what in the case is under dispute, so that justices are aware of what they are being asked to review.

When a request for a writ of certiorari is submitted to a high court, clerks review it before passing it on to the justices. The justices vote on which cases shall be granted writs. In the United States, less than 5% of the requests for a writ of certiorari are granted, due to the high volume of requests and the busy court schedule. In Supreme Court shorthand, this is a “Cert. Denied.” When a writ is denied, it does not necessarily mean that the higher court approves of the actions of the lower court, and the denial cannot be viewed as the court's final statement on the issue.

Since most high courts are responsible for interpreting and defending national constitutions and the law, justices tend to grant writs for controversial cases, or cases which may set a precedent. Once a lower court has been served with a writ of certiorari, it must turn the requested material over to the higher court. After review, the justices offer a decision on the material, either affirming the decision of the lower court, or rejecting it. In most cases, and majority and minority both submit a written opinion of the case.

Petitioners should consider a writ of certiorari a technique of last resort. Since the writ must include a reason why the petitioner has no other avenue of redress, it is important to explore all of the ways in which a legal problem can be addressed before submitting it to the highest court. In most nations, the judicial system has a tiered appeals process which should be followed first, in addition to other legal means which a lawyer may suggest.