I just lost my appeal! Can I appeal to the Supreme Court?

Nothing is more disappointing than getting the news that direct appeal was denied. After a wrongful conviction at trial, you spend a year or more waiting for the appeals court to see it your way and undo the injustice, but nonetheless a disappointing denial follows.

So what can be done now?

Can you appeal to the Supreme Court?

The answer is that it depends. For Alabama convictions, an application for rehearing must be filed in the Court of Criminal Appeals before a petition seeking review in the Alabama Supreme Court can be filed. [1] If that is satisfied, a petition for certiorari seeking review in the Alabama Supreme Court must be filed within fourteen (14) days of the decision denying rehearing. [2] The term “certiorari” means a writ by which a higher court (such as the Supreme Court) reviews the decision of a lower court (such as the Court of Criminal Appeals). [3] The certiorari jurisdiction of the Alabama Supreme Court is limited to certain issues such as where the case is one of first impression, the decision conflicts with prior decisions, or the petitioner seeks to have controlling Alabama Supreme Court law overruled. [4] If the Alabama Supreme Court finds that the case is deserving of consideration, a writ of certiorari shall issue, and briefs may be submitted in support. [5]

In Minnesota, a petition for review to the Supreme Court must be filed within thirty (30) days of the Court of Appeals giving its decision. [6] Minnesota also limits the opportunity for discretionary review to certain criteria, including when the decision presents an important question on which the Supreme Court should rule, a conflict with other decisions, a need for a Supreme Court decision to develop, clarify, or harmonize the law, and situations when the lower court departed from the usual course of justice that Supreme Court supervision is warranted. [7]

The certiorari jurisdiction of the U.S. Supreme Court is different. Federal prisoners may file a petition for writ of certiorari to the U.S. Supreme Court within ninety (90) days of the entry of judgment from the U.S. Court of Appeals. [8] However, state prisoners who have appealed to the state court of last resort (for my practice areas, this means the Alabama Supreme Court or Minnesota Supreme Court) may also seek certiorari review in the U.S. Supreme Court within ninety (90) days of the entry of judgment. [9] The U.S. Supreme Court accepts few petitions and lists its considerations for acceptance as conflicts between courts, a state court of last resort deciding an important federal question in a way that conflicts with another state or federal appellate court, or a state court deciding an important federal question in a way that either should have been settled by the U.S. Supreme Court or in a way that conflicts with the U.S. Supreme Court. [10]

Each of the foregoing options have significant procedural requirements for the petition and the briefs if granted.

Returning back to the original question, if you just lost your appeal, there may be something that you can do about it. Supreme Court review may be possible. Postconviction relief may also be possible. If you would like to know more about your options, contact Peter Armstrong, Attorney at Law, for a free consultation.

References:

1.    Alabama Rule of Appellate Procedure 39(c)(1). (https://judicial.alabama.gov/docs/library/rules/ap39.pdf)

2.    Id. at 39(c)(2).

3.    See “certiorari” defined at https://www.law.cornell.edu/wex/certiorari

4.    Alabama Rule of Appellate Procedure 39(a)(1)(A) through (E).

5.    Id. at 39(f) & (g).

6.    Minnesota Rule of Criminal Procedure 29.04. (https://www.revisor.mn.gov/court_rules/cr/id/29/)

7.    Id.

8.    Rule 13(1) & (3) of the Rules of the Supreme Court of the United States. (https://www.supremecourt.gov/filingandrules/2026RulesoftheCourt_WEB.pdf)

9.    Id.

10. Rule 10 of the Rules of the Supreme Court of the United States. (https://www.supremecourt.gov/filingandrules/2026RulesoftheCourt_WEB.pdf)