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Appeals & extraordinary writs · a pro-se ladder

If you lost and want to keep fighting, there is an order you have to climb — trial loss → appeal → reconsideration → state post-conviction → discretionary review → the Supreme Court → federal habeas → the extraordinary writs (mandamus and its cousins). Take them out of order and you can permanently burn a later option. Pick your jurisdiction, then walk the ladder. This is legal information and a fill-in-the-blank tool — not legal advice.

1 · Your jurisdiction

State, DC, or federal — and the court level. This drives which deadlines and rules apply.

The exhaustion ladder — climb it in order

✓ a step you have marked done · ⚠ a gated step whose earlier rungs are not marked done · steps are numbered in the order you must climb them.

1 Direct appeal ✓
The direct appeal is the ordinary, first-as-of-right challenge to a final judgment. You ask a higher court to review the trial record for legal error — you generally do NOT get to add new evidence. It is the base of the ladder: almost everything above it assumes you took, or gave up, this step first.
Open this step →
2 Motion for reconsideration / new trial
A motion asking the SAME court that ruled to reconsider — for legal error, or a new trial (in a criminal case, often on newly discovered evidence). It is filed back in the trial court, not up the ladder.
Open this step →
3 State post-conviction / state habeas
A separate (collateral) proceeding in state court to raise things a direct appeal could not — most often ineffective assistance of counsel, newly discovered evidence, or a constitutional violation that lives outside the trial record. Every state has its own vehicle (post-conviction relief, a state habeas petition, a "coram nobis"-style motion, etc.).
Open this step →
4 Discretionary review (state supreme court)
After an intermediate appellate court rules, you ask the state’s highest court to review it. In most states this is DISCRETIONARY — the court chooses whether to take the case (a petition for review / petition for discretionary review), it is not an appeal of right.
Open this step →
5 Certiorari to the U.S. Supreme Court
A petition for a writ of certiorari asks the U.S. Supreme Court to review a final judgment of a state court of last resort (on a federal question) or a U.S. Court of Appeals. It is almost entirely discretionary — the Court grants a tiny fraction of petitions.
Open this step →
6 Federal habeas corpus (§ 2254 / § 2255) exhaust first⚠
A collateral attack in FEDERAL court on a conviction or sentence that violates the U.S. Constitution or federal law. State prisoners use 28 U.S.C. § 2254; federal prisoners use a § 2255 motion in the sentencing court. It is not a second appeal — the review is narrow and deferential to the state courts.
Open this step →
7 Writ of mandamus (§ 1361 / All Writs Act / state) last resort
An extraordinary writ ordering a government officer, court, or agency to perform a clear, non-discretionary DUTY it is refusing to do (or, in aid of jurisdiction, to stop exceeding its authority). In federal district court it rests on 28 U.S.C. § 1361; appellate mandamus rests on the All Writs Act, 28 U.S.C. § 1651. To compel a federal AGENCY specifically, the everyday vehicle is the APA: 5 U.S.C. § 706(1) lets a court "compel agency action unlawfully withheld or unreasonably delayed."
Open this step →
8 Writ of coram nobis ✓
An ancient writ to correct a fundamental error in a case where the sentence has already been served, so habeas (which requires being "in custody") is unavailable — for example, to clear a conviction still causing collateral consequences. In federal court it is recognized under the All Writs Act: United States v. Morgan, 346 U.S. 502 (1954).
Open this step →
8 Writ of prohibition
Mandamus’s mirror image: instead of ordering a lower court/official to ACT, prohibition orders it to STOP — to refrain from exceeding its jurisdiction or authority. Like mandamus it is an extraordinary writ under the All Writs Act (or a state equivalent).
Open this step →
8 Writ of quo warranto
A special writ challenging a person’s RIGHT to hold a public office or exercise a public franchise — "by what authority?" It is usually brought by a government attorney (an Attorney General or, federally, the U.S. Attorney), not a private individual, and it stands apart from the appeal/habeas ladder rather than on top of it.
Open this step →

✓ You have marked this step done. Undo

Writ of coram nobis

What this is

An ancient writ to correct a fundamental error in a case where the sentence has already been served, so habeas (which requires being "in custody") is unavailable — for example, to clear a conviction still causing collateral consequences. In federal court it is recognized under the All Writs Act: United States v. Morgan, 346 U.S. 502 (1954).

Where it sits in the ladder

A narrow, late-stage tool. It is for the person no longer in custody who still needs to undo a conviction — not a way around the ordinary appeal or habeas you could still bring.

What "burning" this option means

Coram nobis is granted only for errors "of the most fundamental character" and only when sound reasons excuse not raising the issue earlier. It is not a do-over for arguments you sat on.

Who the respondents are

On appeal the other side (the appellee/respondent) is whoever won below — in a criminal case, "the People"/"the State"/"the United States," represented by the prosecutor or your state Attorney General. Serve every party per the certificate of service.

Generate: Petition (review / post-conviction / writ) — required fields

This is a fill-in-the-blank scaffold of the sections your document needs. It is AI-generated structure, not a completed filing and not legal advice — fill each field with your own case’s facts, or take it to an attorney or your court’s self-help center.

Court
The full name of the court you are filing in (e.g. "United States Court of Appeals for the Ninth Circuit").
Parties
Who is who on appeal — Appellant/Petitioner vs. Appellee/Respondent (name the party bringing the challenge first).
Case / docket number
The lower court’s case number, and the new appellate number once assigned.
Caption
The formatted heading block: court, parties, case number, and the title of the document.
Title of the petition
e.g. "Petition for Review", "Petition for Post-Conviction Relief", "Petition for Writ of Certiorari".
Questions presented
The precise questions you ask the higher court to decide.
Statement of the case & decisions below
The procedural history and the rulings you are challenging.
Statement of facts
The material facts, with record citations.
Reasons to grant review / grounds for relief
Why this court should take the case (conflict, importance) or why relief is warranted.
Relief requested
What you want — review granted, conviction vacated, new trial, resentencing.
Appendix
The lower-court opinions/orders and any required record excerpts.
Certificate of compliance
A signed statement that the brief meets the length/format limits (word or page count, font).
Certificate of service
A signed statement of the date and manner you served every other party with a copy.

Format & length rules

  • U.S. Supreme Court certiorari petition: booklet format, 9,000-word limit, 40-day/90-day timing Sup. Ct. R. 14, 33; deadline Sup. Ct. R. 13
  • State petition-for-review and post-conviction forms/limits VARY — many states publish a required form; check your state’s rules — varies by state; confirm in your state’s rules

Governing statutes

Federal source of the writ 28 U.S.C. § 1651 (All Writs Act)
A court rule or state statute — read it in the governing rulebook (your court's Rules of Appellate/Civil/Criminal Procedure or your state code).

Cases on point (live · CourtListener)

Darius Markee Alston v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-08-22 · Published · cited 0×
08/22/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON July 9, 2024 Session DARIUS MARKEE ALSTON v. STATE OF TENNESSEE Appeal from the Circuit Court for Lauderdale County No. 9775 A. Blake Neill, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Lavonta Laver Churchwell v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2025-03-27 · Published · cited 0×
03/27/2025 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs February 11, 2025 LAVONTA LAVER CHURCHWELL v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2009-A-260 Jennifer Smith, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Kevin Lamont French v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-06-26 · Published · cited 0×
06/26/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 9, 2024 KEVIN LAMONT FRENCH v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2010-C-2466 Steve R. Dozier, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Bobby V. Summers v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2025-06-05 · Published · cited 0×
06/05/2025 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 3, 20251 BOBBY V. SUMMERS v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2018-B-885 Angelita Blackshear Dalton, Judge _
read the full opinion · at the source · see the docket → · find the judge →
Curtis Keller v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2025-05-29 · Published · cited 0×
05/29/2025 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs May 6, 2025 CURTIS KELLER v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County Nos. 10-02756, 10-07532 Carlyn L. Addison, Judge _______
read the full opinion · at the source · see the docket → · find the judge →
Kristina Cole v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-08-12 · Published · cited 0×
08/12/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON July 9, 2024 Session KRISTINA COLE v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 17-01568 James Jones, Jr., Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Michael Terrell McKissack v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2025-04-24 · Published · cited 0×
04/24/2025 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 8, 2025 MICHAEL TERRELL MCKISSACK v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2010-B-1016 Cynthia Chappell, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Avery Laverne Davenport v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-04-25 · Published · cited 0×
04/25/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs April 23, 2024 AVERY LAVERNE DAVENPORT v. STATE OF TENNESSEE Appeal from the Criminal Court for Cumberland County No. CC18CR211 Wesley Thomas Bray, Judge No. E2023-01514-CCA-R3-ECN
read the full opinion · at the source · see the docket → · find the judge →
Jason L. White v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-06-20 · Published · cited 0×
06/20/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON May 1, 2024 Session JASON L. WHITE v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 17-01568 James Jones, Jr., Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Shaun Alexander Hodge v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-04-24 · Published · cited 0×
04/24/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE March 27, 2024 Session SHAUN ALEXANDER HODGE v. STATE OF TENNESSEE Appeal from the Criminal Court for Knox County No. 80222, 100532 G. Scott Green, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Cortney R. Logan v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-07-23 · Published · cited 0×
07/23/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 17, 2024 CORTNEY R. LOGAN1 v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2009-C-2822 Jennifer Smith, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Steven Skinner v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2024-10-15 · Published · cited 0×
10/15/2024 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON September 4, 2024 Session STEVEN SKINNER v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County Nos. 00-05699, 00-05700 Paula L. Skahan, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Jerry P. Haley v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2022-03-16 · Published · cited 0×
03/16/2022 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs March 1, 2022 JERRY P. HALEY v. STATE OF TENNESSEE Appeal from the Circuit Court for Lauderdale County No. 8498 Joe H. Walker, III, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Larry Pittman v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2021-12-13 · Published · cited 0×
12/13/2021 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 7, 2021 LARRY PITTMAN v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C-19-105 Kyle Atkins, Judge No. W2021-00491-CCA-R3-ECN The peti
read the full opinion · at the source · see the docket → · find the judge →
Demarcus Keyon Cole v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2025-03-21 · Published · cited 0×
03/21/2025 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 3, 2024 DEMARCUS KEYON COLE v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C-24-66 Donald H. Allen, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Joseph Thomas v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2022-07-20 · Published · cited 0×
07/20/2022 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs July 12, 2022 JOSEPH THOMAS v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 05-02001, 04-05115 Chris Craft, Judge _________________________
read the full opinion · at the source · see the docket → · find the judge →
Deangelo Monteze Moody v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2022-09-20 · Published · cited 0×
09/20/2022 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE August 9, 2022 Session DEANGELO MONTEZE MOODY v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2009-D-3252 Mark J. Fishburn, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Demarcus Keyon Cole v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2023-12-28 · Published · cited 0×
12/28/2023 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 5, 2023 DEMARCUS KEYON COLE v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C-22-2 Donald H. Allen, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Jamar Scott v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2020-06-11 · Published · cited 0×
06/11/2020 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 14, 2019 JAMAR SCOTT v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2016-A-419 Seth W. Norman, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →
Andre Bowen v. State of Tennesseepublic domain
Court of Criminal Appeals of Tennessee · 2022-12-05 · Published · cited 0×
12/05/2022 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON November 1, 2022 Session ANDRE BOWEN v. STATE OF TENNESSEE Appeal from the Criminal Court for Shelby County No. 18-01853 Lee V. Coffee, Judge ___________________________________
read the full opinion · at the source · see the docket → · find the judge →

Local ordinances — read them yourself

If your issue is a city or county ordinance, you can pull the actual text here and work through it yourself (or with an AI helper). These are finders and official code portals — we link where the codes live, not a guess at any one ordinance’s URL.

Find your city / county code

Municode Library
The largest host of municipal & county codes — pick your state, then your city/county to read its ordinances.
American Legal Publishing — Code Library
The other major municipal-code host; many mid-size and large cities publish here.
General Code / eCode360
A third national code host, common in the Northeast and Midwest.
Law Library of Congress — U.S. State & Local Government
Official Library of Congress research guide to finding state and local law.
Cornell LII — Municipal / local law
Plain-language background on how municipal ordinances work and where they sit under state law.

Example jurisdiction code portals

New York City — Administrative Code & Rules
Example of a city’s own code/rules portal (NYC).
City of Los Angeles — Municipal Code
Example of a large-city code hosted on a national platform.

AI-generated — not legal advice. Everything this tool produces is AI-generated legal INFORMATION and fill-in-the-blank structure. It is not legal advice, it is not a lawyer, and it does not create an attorney-client relationship. Deadlines, page limits, and procedures vary by court and change over time — verify every specific in your court’s own rules before you rely on it.

What to do with it: take the draft or notes to a licensed attorney, a legal-aid clinic, or your court’s self-help center; and file through the court’s official system. Most courts use an e-filing portal (federal courts: PACER/CM-ECF; many state courts have their own e-file site) and publish free pro-se packets and clerk help lines. When a deadline or a right is on the line, get a human lawyer — a federal-defender or public-defender office for criminal/habeas matters.

Frequently asked questions

What is the "exhaustion ladder" for appeals?

It is the fixed order you must challenge a court loss in: direct appeal, then a motion for reconsideration or new trial, then state post-conviction/state habeas, then discretionary review in the state supreme court, then certiorari to the U.S. Supreme Court, then federal habeas corpus, and only then the extraordinary writs like mandamus. Taking a step out of order can permanently forfeit ("burn") a later option.

Why can filing federal habeas too early hurt me?

Federal habeas (28 U.S.C. § 2254 for state prisoners, § 2255 for federal) requires that you first exhaust state remedies (28 U.S.C. § 2254(b)(1)). Filing before you finish the state process can get the petition dismissed, the AEDPA one-year clock (28 U.S.C. § 2244(d)(1)) can run out, a claim can be procedurally defaulted, and a second petition needs the court of appeals’ permission. Get a lawyer or a federal-defender office before filing.

When is a writ of mandamus appropriate?

Mandamus is a last resort after ordinary appeals fail and an official or agency still refuses to perform a clear, non-discretionary duty, when no other adequate remedy exists. It rests on statute now — 28 U.S.C. § 1361, the All Writs Act (§ 1651), and for agencies the APA (5 U.S.C. § 706(1)).

Does this tool give legal advice?

No. It is AI-generated legal information and a fill-in-the-blank scaffold — not legal advice and not a lawyer. Deadlines and rules vary by court and change; verify every specific in your court’s own rules, and take a draft to a licensed attorney, a legal-aid clinic, or your court’s self-help center.