Petitions for Discretionary Review & Certiorari

No. Unlike intermediate courts, the United States Supreme Court and Texas Court of Criminal Appeals get to choose which cases they hear.

While neither controlling nor fully measuring the Court of Criminal Appeals' discretion, the following will be considered by the court in deciding whether to grant discretionary review:

1. whether a court of appeals' decision conflicts with another court of appeals' decision on the same issue;
2. whether a court of appeals has decided an important question of state or federal law that has not been, but should be, settled by the Court of Criminal Appeals;
3. whether a court of appeals has decided an important question of state or federal law in a way that conflicts with the applicable decisions of the Court of Criminal Appeals or the Supreme Court of the United States;
4. whether a court of appeals has declared a statute, rule, regulation, or ordinance unconstitutional, or appears to have misconstrued a statute, rule, regulation, or ordinance;
5. whether the justices of a court of appeals have disagreed on a material question of law necessary to the court's decision; and
6. whether a court of appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by a lower court, as to call for an exercise of the Court of Criminal Appeals' power of supervision.

Similarly, the following, although neither controlling nor fully measuring the Supreme Court's discretion, indicate the character of the reasons the Supreme Court considers in determining whether to grant a petition for a writ of certiorari:

1. a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of this Court's supervisory power;
2. a state court of last resort has decided an important federal question in a way that conflicts with the decision of another state court of last resort or of a United States court of appeals;
3. a state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.

A petition for a writ of certiorari is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.

Yes. In Texas case, petitions for discretionary review must be filed in the Court of Criminal Appeals within 30 days of the intermediate court of appeals's judgment. In federal cases, petitions for certiorari must be filed in the Supreme Court within 90 days of the intermediate court of appeals' judgment.