PETITION FOR WRIT OF CERTIORARI.
The United States Supreme Court grants certiorari in only a few state criminal appeals every year. However, a panel attorney should take a petition for writ of certiorari in those cases which have a strong, well-preserved issue of federal law as to which a reasonable argument can be made that review by the United States Supreme Court is necessary. Reasonable compensation will be paid for preparation of the petition if taking the petition was a reasonable step given the issue or issues presented. If you are in doubt, consult with your SDAP staff attorney.

The petition is due within 90 days of the denial of review by the California Supreme Court. (Rules of the Supreme Court of the United States, rule 13.1.) If the petition is filed in forma pauperis, counsel need only submit the original and 10 copies. (Rule 39.2.) However, the petition must be accompanied by the defendant’s sworn form establishing his indigence. (Rule 39.1.) Since CDC is usually quite slow in providing the prison account information which must be submitted with the form, counsel should begin the process of obtaining the form as soon as possible.