Can a party appeal a decision to grant or deny transfer to the U.S. Supreme Court?
The U.S. Supreme Court has almost total discretion to choose the cases it wishes to decide. A party generally has the right to request the U.S. Supreme Court to consider an Indiana Supreme Court decision, whether it is a published opinion or a decision on transfer, only if a right under the U.S. Constitution is involved in the appeal. For example, a defendant might argue that his or her lawyer did not provide effective assistance at the trial. If that were true, it would be a violation of the right to have an attorney that is guaranteed by the Sixth Amendment to the U.S. Constitution. A defendant could make that kind of claim to a federal court, like the U.S. District Court or the Circuit Court of Appeals, or the U.S. Supreme Court. Alternatively, a defendant could make that kind of claim in a habeas corpus action filed in a U.S. District (trial) Court. (The federal system has 13 Circuit Courts. Federal appeals from Indiana are heard by the Seventh Circuit Court of Appeals, which is ba