The Appeals Process: After the Appellate Court Decision and Supreme Court Review

What happens after the Appellate court decision and supreme court review?

The losing party on appeal has a right to file a petition for reconsideration with the appellate court, which states the reasons why the appellate court should reconsider their decision and either party can request that a written order be published in the official record. The losing party can also file a petition for leave to appeal with the Illinois Supreme Court. Unlike a direct appeal where the losing party has an absolute right to appeal to the appellate court, there is no corresponding right to appeal with the Illinois Supreme Court. Instead, the Illinois Supreme Court can deny or grant a petition for leave to appeal. Most appeals that are filed with the Supreme Court are not considered for review. The petition for leave to appeal must state the reasons why the Court should take the appeal and it is vastly different than an opening brief with a vastly different purpose.

The Supreme Court is not focused upon correcting wrongs or determining whether the lower courts made the right decision. Instead, the Supreme Court is focused upon clarifying conflicting or ambiguous statutes or decisions by the lower courts that reached different decisions with similar facts. The Supreme Court seeks to ensure a uniform application of the laws and to prevent errors to be repeated in the lower courts. Therefore, to increase the likelihood of the Supreme Court taking your case, the petition for leave to appeal must analyze how the lower court’s incorrect decision will affect other cases that are pending or will be pending in the future and why that would be detrimental to the criminal justice system. If the Supreme Court grants the appeal, like the briefing schedule in the appellate court the appellant has a chance to file an opening brief, the appellee can file a response and the appellant can file a reply brief. Unlike the appellate courts, the Supreme Court typically calls most cases it hears for oral argument.

Contact us to schedule your complimentary consultation.

Jaleel Law P.C.
1550 Spring Road Suite 120
Oak Brook, IL 60523