Legal Question in Appeals and Writs in California
Writ of Certiorari
An appeal raising constitutional questions is heard by a state court of appeals, but the state Supreme Court declines review.
If a petition for writ of certiorari to the US Supreme Court is filed, is it filed against the state supreme court that declined to review the case or the lower court of appeals that heard and rejected it?
Asked on 11/24/07, 11:57 am
1 Answer from Attorneys
Steven Murray
Steven W. Murray, APC
Re: Writ of Certiorari
The Petition is for a writ of certiorari to the state court of appeal. See Barclays Bank vs. FTB (1994) 512 U.S. 298, 308.)
Answered on 11/24/07, 12:43 pm
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