Supreme Court Appeals Attorneys for Certiorari & High-Court Review

The Supreme Court of the United States is not a second trial court, and it does not accept every appeal. Review is almost always discretionary. A petition for a writ of certiorari must present a legal question that gives the Court a reason to grant review.

Brownstone Law’s Supreme Court lawyers help clients evaluate whether a case belongs in the Court, prepare petitions and supporting papers under the Supreme Court Rules, and coordinate strategy after a federal circuit or state high-court decision.

Robert L. Sirianni, Jr. is a member of the Bar of the Supreme Court of the United States and has appeared as counsel of record on docketed petitions and applications. Brownstone Law represents clients nationwide.

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Brownstone Law’s U.S. Supreme Court Experience

Brownstone Law’s Supreme Court practice focuses on petitions for a writ of certiorari and related applications. The firm’s files include more than 115 client matters with U.S. Supreme Court / certiorari work, including petitions, extension applications, and related docket work.

  • Deadline review: Determining the applicable certiorari filing deadline and how rehearing proceedings in the lower court affect that deadline.
  • Extension applications: Preparing requests for additional time to file a petition when appropriate.
  • Petition preparation and filing: Drafting the petition and appendix, framing the questions presented, and preparing in forma pauperis papers when appropriate.
  • Coordination with prior counsel: Working with the attorneys who handled the federal circuit or state-court proceedings to review the relevant record and procedural history.
  • Case assessment: Providing candid advice about whether a case presents grounds for Supreme Court review and whether filing a petition is appropriate.

The matters listed in the docket table below illustrate the firm’s filing experience. An order granting additional time to file does not mean the Court has agreed to review the case.

NOTE – Brownstone Law does not guarantee that the Court will accept a petition.

Understanding U.S. Supreme Court Appeals

Many cases conclude in the lower courts without U.S. Supreme Court review. The Supreme Court may review decisions from the U.S. Courts of Appeals and qualifying final state-court judgments involving federal law or the U.S. Constitution. It does not ordinarily review disputes based only on state law.

Review through a petition for a writ of certiorari is discretionary. A petition generally needs to show more than an alleged mistake by the lower court. Grounds for review may include conflicting decisions among federal appellate courts or state courts of last resort on an important federal question, an unsettled issue of federal law, or a decision that conflicts with Supreme Court precedent.

For most certiorari petitions, the filing deadline is 90 days after entry of the relevant judgment or order. When a state’s highest court denies discretionary review, the period generally runs from that denial order. A timely rehearing petition in the lower court changes when the period begins, and an extension may be available in appropriate circumstances. Missing the applicable deadline can prevent Supreme Court review.

What Is a Petition for Writ of Certiorari?

A petition for a writ of certiorari is a formal request asking the U.S. Supreme Court to review a lower court’s decision. It is not a full merits brief. Its purpose is to explain why the case warrants the Court’s discretionary review.

A writ of certiorari attorney evaluates the legal questions and prepares a petition explaining why Supreme Court review is justified.

An effective petition typically:

  • States clear and precise Questions Presented.
  • Explains why the legal issue matters beyond the parties.
  • Identifies relevant conflicts among courts, important unsettled federal questions, or conflicts with Supreme Court precedent.
  • Accurately summarizes the proceedings and material facts.
  • Supports the reasons for review with relevant legal authority.
  • Complies with the Court’s applicable content, formatting, word-limit, filing, and service requirements.

Does the U.S. Supreme Court Hear All Appeals?

No. The U.S. Supreme Court grants review in only a small fraction of certiorari petitions. Most are denied without an explanatory opinion. An unfavorable lower-court decision alone does not establish grounds for review.

Brownstone Law evaluates whether a petition is justified, how to present the legal question, and what a grant or denial would mean for the client.

How To File a Petition for Certiorari?

Preparing a certiorari petition involves evaluating the case, confirming the deadline, and complying with the Supreme Court’s filing requirements. While your particular case may involve different steps, usually the main steps are:

1. Identify the judgment and legal issue

Review the decision you want the Supreme Court to examine and determine whether the Court has jurisdiction. Brownstone Law examines the lower-court opinions, relevant record, and procedural history to assess whether the case presents an appropriate question for review.

2. Confirm the filing deadline

The deadline for most certiorari petitions is 90 days from the relevant judgment or order. The correct starting date depends on the procedural history, including any denial of discretionary review by a state’s highest court and qualifying rehearing proceedings. Confirm the applicable date before preparing the petition.

3. Determine whether an extension is needed

An application for additional time may be available in appropriate circumstances. Brownstone Law prepares these applications when warranted. An extension is not automatic, and an order granting more time does not mean the Court has accepted the case for review.

4. Prepare the petition and appendix

The petition identifies the Questions Presented and explains why the Court should grant review. It must include the required information and supporting appendix materials while meeting applicable formatting and length requirements. Its purpose differs from a merits brief addressing how an accepted case should be decided.

5. Complete filing and service

Follow the applicable requirements for filing, serving the other parties, paying the filing fee, and submitting paper copies and electronic documents. Eligible petitioners may request permission to proceed in forma pauperis. Filing requirements differ depending on the type of submission and whether the petitioner is represented by counsel.

6. Monitor the petition and any response

The opposing party may respond or, where permitted, waive a response. The Court may also request one. A response request or distribution of the petition for consideration does not mean review has been granted. If the Court accepts the case for full review, further merits briefing and, if scheduled, oral argument follow.

7. Evaluate the Court’s decision and next steps

If certiorari is denied, the lower-court judgment generally remains in place. Denial does not mean the Supreme Court approved the lower court’s reasoning. Any remaining remedies require a separate assessment of the case and applicable deadlines.

Writ of Mandamus and Extraordinary Relief

The U.S. Supreme Court may consider extraordinary writs, including mandamus and prohibition, in exceptional circumstances. Under Supreme Court Rule 20, a petitioner must show that the requested relief supports the Court’s appellate jurisdiction, that exceptional circumstances justify intervention, and that adequate relief is unavailable through another form or another court. These writs are not substitutes for an ordinary appeal or certiorari petition. Brownstone Law evaluates whether extraordinary relief is appropriate for the particular case.

Types of Matters That May Qualify for Supreme Court Review

Supreme Court review may be available in civil or criminal cases presenting significant federal legal questions. Matters may involve:

  • Constitutional rights: Questions involving freedom of speech, due process, equal protection, the Second Amendment, or other federal constitutional protections.
  • Conflicting court decisions: Disagreements among federal courts of appeals or state courts of last resort about important questions of federal law.
  • Federal statutes and regulations: Disputes over the interpretation or application of federal law that warrant the Court’s attention.
  • Important unsettled federal questions: Issues with significance beyond the individual parties that the Court has not yet resolved.
  • Criminal, regulatory, and commercial disputes: Cases in these areas that present qualifying federal issues and compelling reasons for review.

A case’s subject matter or public importance alone does not guarantee review. The Court must have jurisdiction, and the petition must explain why the legal question warrants its consideration.

Why Choose Brownstone Law’s Supreme Court Appellate Lawyers?

Choosing counsel for a Supreme Court petition requires understanding the firm’s experience, approach, and scope of representation. Brownstone Law offers:

  • An appellate-focused practice: The firm concentrates on state and federal appeals, Supreme Court petitions, and post-conviction litigation.
  • Documented Supreme Court filing experience: Robert L. Sirianni, Jr. has appeared as counsel of record on docketed petitions and applications, with examples listed in the docket table below.
  • Candid case assessment: We evaluate whether the case presents grounds for Supreme Court review and advise when a petition is not appropriate.
  • Coordination with prior counsel: We work with the attorneys who handled the earlier proceedings to assess the record, preserved issues, and procedural history.
  • Flat fees agreed in advance: Fees and the scope of work are agreed before the engagement begins. A Supreme Court petition is a separate engagement from the underlying state or federal appeal.
  • Nationwide representation: From its office in Winter Park, Florida, Brownstone Law represents clients across the United States.

Federal Appeals & Related Practice Areas

Supreme Court strategy usually begins earlier, in the federal circuit courts or state appellate courts. Brownstone Law handles federal appellate matters involving white-collar crime, securities and fraud, conspiracy, regulatory disputes, constitutional claims, business torts, insurance, eminent domain, and other complex civil and criminal issues.

Supreme Court Docket Timeline and Filed Matters

The following selected Supreme Court dockets list Robert L. Sirianni, Jr. as counsel of record. They illustrate petitions and applications handled by the firm.

An extension granted means additional time was allowed to file a certiorari petition—not that the Court agreed to hear the case. A petition denied means the Court declined review; it is not a decision on the merits.

Relevant event date Docket No. / official record Filing type Party name Outcome/status
Aug 2, 2022 — order 22A88 Application to extend time to file a certiorari petition Earnest Eugene Padillow Extension granted
Apr 5, 2023 — order 22A870 Application to extend time to file a certiorari petition Hieu Minh Le Extension granted
Jun 21, 2023 — order 22A1099 Application to extend time to file a certiorari petition Isaac Ashton Extension granted
Jul 18, 2023 — order 23A36 Application to extend time to file a certiorari petition Jerry J. Davis, Jr. Extension granted
Jul 18, 2023 — order 23A39 Application to extend time to file a certiorari petition Micah Sherif Matthews Extension granted
Nov 10, 2023 — petition filed 23-508 Petition for a writ of certiorari Micah Sherif Matthews Petition denied Jan 16, 2024
Nov 20, 2023 — order 23A435 Application to extend time to file a certiorari petition Ilana Bangiyev Extension granted
Jun 10, 2024 — order 23A1094 Application to extend time to file a certiorari petition Daniel A. Madero Extension granted
Dec 18, 2024 — order 24A601 Application to extend time to file a certiorari petition Anne Catherine Richard Extension granted
Dec 20, 2024 — order 24A602 Application to extend time to file a certiorari petition Zackery Terrell Extension granted
Jan 2, 2025 — order 24A646 Application to extend time to file a certiorari petition American Medical Equipment, Inc. Extension denied
Jan 19, 2025 — order 24A701 Application to extend time to file a certiorari petition Karl Hansen Extension granted
Feb 4, 2025 — petition filed 24-848 Petition for a writ of certiorari Anne Catherine Richard Petition denied Apr 21, 2025
Feb 24, 2025 — petition filed 24-928 Petition for a writ of certiorari Zackery Terrell Petition denied Apr 28, 2025

Disclaimer

These are selected examples of appellate work, not a complete list. Related application and petition entries may concern the same client matter.
Past results do not guarantee a similar outcome. Every case is different. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

Earlier U.S. Supreme Court Matters

Sinclair v. City of Seattle (2023)
Docket No. 22-1156
In this case, Brownstone Law challenges the City of Seattle and the CHOP designation. Brownstone Law files a writ, which is the primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

Read our blog on the CHOP case. Read the writ and brief of the Supreme Court.

Richard Neal v. Marc Neal et al. (2019)
Docket No. 18-1560 Supreme Court of the United States
This case concerns the Claude K. Neal Family Trust (“Trust”), a revocable trust created by Plaintiff Richard Leland Neal’s parents, Claude and Rita Neal (individually, “Claude” and “Rita,” and collectively “Trustors”) on August 15, 1972. The Trust established that, at the death of either Trustor, the Trust estate would be divided into two sub-trusts: Trust A and Trust B. These subtrusts both were amendable and revocable while the Trustors were living. The beneficiaries of the Trust were the Trustors’ two sons, Petitioner and Respondent B. Marc Neal (“Marc”), but only upon the death of the surviving Trustor. Supreme Court Writ 12(b)(6) Motion to Dismiss

Docket No. 18-130

Karr v. State of Indiana (2018)
Whether the Indiana Supreme Court correctly concluded that Indiana’s procedures governing claims of ineffective assistance of trial counsel “do not offer most defendants a meaningful opportunity to present a claim of ineffective assistance of trial counsel on direct appeal.” Trevino v. Thaler, 569 U.S. 413, 428 (2013). Read more about this constitutional federal challenge in the Supreme Court Karr Petition for Certiorari United States Supreme Court
Docket for 13-1144
Title: James Duane Riley, Petitioner v. South Dakota; Robert Sirianni, Jr.
Robert Sirianni, Jr.
Docket for 12A864
Title: Empire World Towers, LLC, et al., Applicants v. CDR Creances, S.A.S. Learn more about this appeal from the Third Circuit: Initial Brief
Docket for 12A1013
Title: Darien Fisher, Applicant v. North Carolina; Robert Sirianni, Jr
Robert Sirianni, Jr
Docket for 12A1114
Title: Dezmon Terelle Brooks, Applicant v. Amy Miller, Acting Warden. Read more about this appeal of the denial of a certificate of appealability and the Supreme Court Writ: Dezon Brooks Appeal of Denial of Certificate of Appealability
Docket for 12A392
Title: Adam Young, Applicant v. Mike Addison, Warden, et al.; Robert Sirianni, Jr
Docket for 12A694
Title: Chuck Yeager, et al., Applicants v. Connie Bowlin, et al; Robert Sirianni, Jr
Docket for 11-1364
Title: Scott D. Geise, Petitioner v. United States; Robert L. Sirianni Jr.
Robert L. Sirianni Jr.
Docket for 11-643
Title: John Doe, Petitioner v. Thomas Megless, et al.
Docket for 13-675
Title: Erol Ozinal, Petitioner v. The Johns Hopkins Health Center Corp., et al.; Robert L. Sirianni Jr.
Docket for 13-546
Title: Scott Arthur Gardner, Petitioner v. William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division. Does Due Process of Law Require the Prosecution to Furnish a Criminal Defendant with Information that Negates an Indispensable Element of the Crime Charged, But Does Not Fully Exculpate Him from All Criminal Activity And Instead Establishes Only a Lesser Offense? Petition for Certiorari
Robert L. Sirianni Jr.
Docket for 13A911
Title: Rebecca Albertini, Applicant v. Jose R. Carlo-Izquierdo, et al. The University of Puerto Rico terminated Dr. Alberti’s tenure-track professorship without a hearing. The First Circuit determined the failure to hold a hearing prior to Dr. Alberti’s termination did not violate the Due Process Clause of the Fourteenth Amendment. According to University Rules and Regulations, Dr. Alberti could only be fired “when so justified.” Dr. Alberti argued that the “when so justified” language is tantamount to a “for cause” requirement, which entitled her to a pretermination hearing.Petition for Writ of Certiorari

Contact Brownstone Law About Your Supreme Court Petition

Contact Brownstone Law to discuss whether your case presents grounds for U.S. Supreme Court review. Our appellate attorneys can assess the relevant decision, filing deadline, and potential issues for a petition for a writ of certiorari.

Get a Free Appellate Evaluation or call (888) 233-8895 or (407) 388-1900.

Frequently Asked Questions — U.S. Supreme Court Appeals

Q1. How much does it cost to file a Supreme Court petition?

The Supreme Court’s filing fee for a paid certiorari petition is $300. Eligible petitioners may seek permission to proceed in forma pauperis without paying that fee. Brownstone Law’s attorney fees are separate and quoted as a flat fee agreed before work begins. A Supreme Court petition is a separate engagement from the underlying circuit or state appeal.

2. What are my odds of getting certiorari granted?

Most petitions are denied. Odds improve when the petition presents a clear conflict, an important unsettled federal question, or a clean vehicle for decision—but no lawyer can ethically promise a grant. We evaluate vehicle quality and issue strength before recommending a filing.

3. Can Brownstone Law and Robert Sirianni handle Supreme Court appeals?

Yes. Brownstone Law handles Supreme Court-related appellate matters, including petitions for writ of certiorari and associated strategy. Robert L. Sirianni Jr. has appeared as counsel of record on multiple Supreme Court docketed matters.

4. Do I need a Supreme Court lawyer if my circuit appeal already failed?

A loss in the court of appeals does not automatically create a strong Supreme Court case. You need counsel who can separate ordinary error-correction arguments from questions that meet the Court’s discretionary criteria—and who can meet the filing deadline.

Q5. What happens if certiorari is denied?

A denial of certiorari generally leaves the lower-court judgment in place. It does not mean the Supreme Court agrees with that court’s reasoning. Brownstone Law can assess whether any further procedure or separate post-conviction remedy remains available, based on the case’s history and applicable rules.

Q6. What types of cases does the Supreme Court handle?

The Court primarily resolves important questions of federal law and the U.S. Constitution. It does not sit to reweigh evidence or retry every dissatisfied litigant’s case.

Q7. What documents are needed to evaluate a Supreme Court petition?

The initial documents include the lower-court opinion, the judgment or order being challenged, and the case docket. Include any rehearing petition and the order deciding it. These records help counsel assess the legal issues, procedural history, and filing deadline.

Q8. What is involved in preparing a Supreme Court petition?

Preparation involves reviewing the lower-court decisions and record, identifying the Questions Presented, and explaining why the federal issue warrants Supreme Court review. The petition and appendix must comply with the Court’s rules. The petition should establish reasons for review rather than simply repeat arguments from the earlier appeal.

Q9. Does filing for rehearing change the Supreme Court deadline?

Yes. A timely rehearing petition in the lower court generally means the 90-day period runs from the denial of rehearing or, if rehearing is granted, the subsequent judgment. The relevant filing dates and orders must be checked to calculate the deadline correctly.

Q10. What happens if certiorari is denied?

A denial generally leaves the lower-court judgment in place. It does not mean the Supreme Court agrees with that court’s reasoning. Whether any further procedure or separate post-conviction remedy remains available depends on the case’s history and applicable rules.

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