Rule 40. STANDARD FOR GRANTING

(1) Review on certiorari is not a right. A petition for the writ will be granted only in cases of great concern, gravity, or importance to the public. Although this list is neither controlling nor exclusive, such cases may include those in which:

(a) A decision of the Court of Appeals on an important matter is in conflict with other decisions of the Court of Appeals or decisions of this Court; or

(b) A decision of the Court of Appeals on an important matter faithfully applies a decision of this Court, but this Court's precedent warrants reconsideration; or

(c) The Court of Appeals has decided an important question of state law that is likely to recur and has not been, but should be, settled by this Court. Certiorari generally will not be granted merely to correct an asserted error, particularly when the asserted error concerns only the sufficiency of evidence, the correctness of factual findings, or the application of a properly stated rule of law to the facts of a particular case.

(2) In all appeals from criminal convictions, a litigant shall not be required to petition for rehearing and certiorari following an adverse decision of the Court of Appeals in order to be deemed to have exhausted all available state remedies respecting a claim of error. When the claim has been presented to the Court of Appeals, and relief has been denied, the litigant shall be deemed to have exhausted all available state remedies.