Colorado Supreme Court Certiorari Petitions
Losing in the Colorado Court of Appeals is not necessarily the end of a case, but what comes next is a different kind of proceeding with different rules and much longer odds. A petition for writ of certiorari asks the Colorado Supreme Court to exercise discretionary review. It is not a second appeal, and a petition written as though it were is the most common reason review is denied.
Certiorari is discretionary, not a right
The Court of Appeals must decide a properly filed appeal. The Colorado Supreme Court does not have to take anything. Under C.A.R. 49, review is generally reserved for cases presenting reasons such as a conflict among divisions of the Court of Appeals, a decision that conflicts with supreme court precedent, an important question of law that has not been settled, or a departure from the accepted and usual course of judicial proceedings.
Read that list carefully, because it explains the central drafting problem. The question is not "was the division wrong?" The question is "why does this issue matter to Colorado law beyond this one defendant?" A petition that only argues error, no matter how convincingly, is asking the wrong question.
Deadlines
There are two short clocks after an adverse opinion:
- Petition for rehearing in the Court of Appeals, which under C.A.R. 40 is due within 14 days after the opinion issues. Rehearing is rarely granted, but it is sometimes the right step where the division overlooked a controlling fact or authority.
- Petition for certiorari, which under C.A.R. 52 is generally due within 42 days after the entry of the Court of Appeals judgment or the denial of rehearing.
These deadlines are generally very strictly applied. Because the drafting requires reading the opinion against the record and the case law, waiting until the last week is not realistic.
What a petition actually contains
A certiorari petition is shorter than an appeal, and length limits are enforced. It states the issues as precise questions presented, gives a concise statement of the case and the decision below, and then argues the reasons for granting review. The best petitions do three things: they frame the question in a way the court could answer for every future case, they show a real and demonstrable conflict or gap in Colorado law, and they make clear that this case is a clean vehicle for deciding it.
The opposing party may file a brief in opposition, and a cross-petition is possible where both sides lost something below.
What happens if certiorari is granted
If the court grants review, it grants it on specified issues, and the case proceeds to merits briefing on those issues. Oral argument before the seven justices is common in granted cases. The supreme court may affirm, reverse, or remand, and its opinion becomes binding precedent statewide — which is part of the reason the court is selective about which cases it takes.
If certiorari is denied
Denial is not a ruling on the merits and creates no precedent. Depending on the case, remaining options can include a Crim. P. 35(c) postconviction proceeding in the district court, a Crim. P. 35(a) motion if the sentence is not authorized by law, a petition for certiorari to the United States Supreme Court where a federal question was preserved, or federal habeas review. Whether and how a claim was presented to the Colorado Supreme Court can matter later for exhaustion purposes in federal court, which is a reason to think about the certiorari stage as part of a longer strategy rather than a last gesture.
A note on original proceedings
Not everything that reaches the Colorado Supreme Court arrives by certiorari. C.A.R. 21 provides for original proceedings, in which the court may exercise its discretion to review certain district court actions immediately rather than after final judgment. These are extraordinary, time-sensitive, and governed by their own standards.
Realistic expectations
The Colorado Supreme Court grants a small fraction of the criminal petitions filed with it. Any lawyer who tells you a petition is likely to be granted is not being straight with you. The right conversation is about whether your case presents an issue that is genuinely certworthy, what a petition costs, and whether the effort is better spent on a postconviction claim in the district court.
I have briefed and argued cases in the Colorado Supreme Court, and I will tell you honestly which category I think your case falls into.
For more on evaluating any appellate lawyer, see How to Choose a Colorado Criminal Appeals Attorney.
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Written by Tillman Patrick Clark, Tillman Patrick Clark, LLC, Denver, Colorado. Last reviewed: July 31, 2026. This page is general information about Colorado appellate procedure and is not legal advice. Rules and deadlines change; confirm current requirements with a lawyer about your specific case.