PENNSYLVANIA DIRECT CRIMINAL APPEALS

Any person convicted of and sentenced for a crime in Pennsylvania has an absolute right under Pennsylvania’s Constitution to appeal to a higher court. This is called a “direct appeal.” A direct appeal is one of only two ways a convicted person may challenge their conviction and sentence in state court.

The direct appeal process involves several extremely time-sensitive deadlines, which are triggered on the day sentence is imposed. Immediate action is required by an experienced appellate attorney to ensure that all potentially meritorious claims are properly preserved for appeal. Critical rights and opportunities to pursue relief could be forever lost if the appellate process is not handled diligently, competently and zealously.

As a general rule, appellate courts review whether legal errors occurred during the course of the prosecution (before trial, at trial and/or at sentencing) and whether those errors resulted an unfair conviction or sentence.

Examples of issues that may be litigated on direct appeal include:

• Whether the judge correctly ruled on pre-trial motions, such as motions to suppress physical evidence; motions to suppress statements made to the police; motions to exclude irrelevant, confusing, misleading or prejudicial evidence; motions to dismiss upon violation of an accused’s rule-based and/or constitutional right to a speedy trial; and motions to dismiss on double jeopardy grounds.

• Whether the procedures implemented to select a jury were fundamentally fair and consistent with the prescribed rules of procedure.

• Whether the prosecutor committed misconduct by withholding exculpatory evidence (evidence that is favorable to the accused), by knowingly presenting false evidence, or by engaging in conduct that deprives the accused of a fair trial, such as by making inflammatory statements in the courtroom.

• Whether the judge correctly ruled on evidentiary objections made by the defense or the prosecution at trial. Often times these rulings concern instances where the judge improperly allows the prosecution to admit evidence that is harmful to the accused and/or their defenses, or where the judge improperly prevents the accused from introducing evidence that is helpful to their case.

• Whether the prosecution presented sufficient evidence to support the verdict; that is, evidence that proved each essential element of the offense or offenses beyond a reasonable doubt.

• Whether the accused had a full and fair opportunity to cross-examine and confront prosecution witnesses, including by exploring their biases, lack of credibility, and motives to give false testimony.

• Whether a prosecution witness was properly qualified to provide expert testimony.

• Whether the judge provided complete and accurate instructions on the law to guide the jury’s deliberations.

• Whether the judge imposed an individualized sentence that was not excessive, unfair, unreasonable, or illegal.

The issues that may be raised on appeal are largely defined by the unique facts and circumstances of the case. If you believe that your conviction or sentence, or that of someone close to you, has been impacted by a legal error (even if it is not specifically mentioned above), do not delay in contacting The Law Offices of Stephanie M. Noel, LLC.