Ala. R. App. P. Form 22
Circuit Court of __________County
____________________
Appellant
v.
____________________
Appellee
SC No. ____ (To be inserted by
Clerk of the Supreme Court)
Petition for Writ of Certiorari
TO THE SUPREME COURT OF ALABAMA:
Comes your Petitioner _______________ [name] and petitions this Court for a Writ of Certiorari to issue to the Court of (Criminal, Civil) Appeals in the above-styled cause under Rule 39, ARAF, and shows the following:
1. Petitioner (was convicted of the charge of __________, or secured or suffered a judgment) in the Circuit Court of __________ County, Alabama, on _______. The Court of (Criminal, Civil) Appeals (affirmed, reversed) the judgment on _____. [date] An application for rehearing was filed on ________ [date] and overruled on ___________ [date]
2. A copy of the opinion of the appellate court is attached to this petition which shows the Court of (Criminal, Civil) Appeals case to be No. _____
3. Petitioner alleges as grounds for the issuance of the writ the following:
(1) The basis of this petition for the writ is that the appellate court (held valid [or invalid] a city ordinance, state or federal statute or treaty) or (incorrectly initially construed a controlling provision of the Alabama or Federal Constitution). The issue is whether the appellate court erred in holding that ____________________ [here state the claimed error in holding]
(2) The basis of this petition for the writ is that the decision affects a class of (constitutional, state or county officers) namely, the office of_____________ The issue is whether the appellate court erred in holding that _____________ [here state claimed error in holding]
(3) The basis of this petition for the writ is that a material question requiring decision was one of first impression in the appellate courts of Alabama and was incorrectly decided. The issue is whether the appellate court erred in holding that ____________________________________________ [here state claimed error in holding]
(4) The basis of this petition for the writ is that the decision is in conflict with a prior decision of the Supreme Court on the same point of law. In its opinion, the appellate court held: _______________________________. [copy the alleged conflicting holding] In the case of_______ v. __________, __________, [citation] the Supreme Court held: _______________. [copy the holding] These statements of the law or the substance of the opinion are in conflict and the appellate court erred in failing to follow the decision of the Supreme Court on the same point of law.
or
The basis of this petition for the writ is that the decision of the appellate court is in conflict with its prior decision(s) on the same point of law. In its present decision the appellate court held: ___________________________. [copy the alleged conflicting holding] In the case of ___________ v. __________, __________, [citation] the appellate court held: ___________________. [copy the holding] These statements of the law are in conflict and the issue is which holding should be followed on this principle of law.
(5) The basis of this petition for the writ is that the decision of the appellate court cites controlling Supreme Court cases which were followed in its decision and these cases should be overruled, viz.: _______ v. ___________, ____________ [citation] __________ v. __________, [citation]; etc. The holdings of these cases are ________
The issue is whether the Supreme Court ought to overrule these controlling cases because____________________________.
___________________________________________
[state the reasons for overruling these decisions]
Petitioner respectfully requests that after a preliminary examination, the writ of certiorari be granted and that this Court proceed under its rules to review the matters complained of, and to reverse the judgment of the Court of (Criminal, Civil) Appeals, and for such other relief as Petitioner may be entitled.
I certify that I have this day served copies of this petition and the brief on all other parties to the appeal in the court of appeals and the Court of (Criminal, Civil) Appeals.
____________________
Attorney for Petitioner
____________________
____________________
Address
Ala. R. App. P. Form 22