Rule 10. Considerations Governing
Review on Writ of Certiorari
Review on a writ of certiorari is not a
matter of right, but of judicial discretion. A petition for a
writ of certiorari will be granted only for compelling
reasons. The following, although neither controlling nor fully
measuring the Court's discretion, indicate the character of
the reasons the Court considers:
(a) 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;
(b) 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;
(c) 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.