What is a direct appeal?
A direct appeal is when the defendant appeals the judgment of sentence after their conviction to the Pennsylvania Superior Court and/or the Pennsylvania Supreme Court.
Which criminal cases can be appealed in Pennsylvania?
All of them, unless the defendant was found not guilty.
What is the purpose of a direct appeal?
Although a direct appeal in a criminal case is considered to be an appeal of the judgment of sentence, it includes challenges to errors that a defendant believes were made during the trial process.
What issues cannot be raised on a direct appeal?
In most cases, a direct appeal will not include any claims that counsel was ineffective or that there is new evidence. Defendants can only raise issues that were properly preserved during the trial and sentencing process, unless the issue is on the very short list of claims that can’t be waived and can be raised for the first time on appeal.
What is the difference between a direct appeal and a PCRA petition?
A direct appeal is where a defendant raises questions about trial issues and other issues that directly led to the conviction or sentence. A PCRA deals with specific “collateral issues.” A collateral issue is an issue that is related to the case but is not directly related to the finding of guilt or innocence.
What courts hear criminal appeals in Pennsylvania?
The Superior Court and the Supreme Court hear criminal appeals in Pennsylvania.
While the Commonwealth Court hears certain cases that involve the Pennsylvania Board of Probation and Parole, it does not hear direct appeals in purely criminal cases.
When does the Superior Court have jurisdiction?
The Superior Court has jurisdiction cases when the judgment of sentence is final and when the appellant has filed their notice of appeal on time.
When does the Pennsylvania Supreme Court review a case?
The Pennsylvania Supreme Court does not automatically review cases. The Supreme Court has a process where the party that wants them to review a case submits a petition that includes reasons why it should take the case. Those cases usually involve a legal question that it has never heard before, an issue of great public importance, or in a situation where the Superior Court has conflicting opinions on a question of law.
What is the difference between an appeal as of right and discretionary review?
An appeal “as of right” is a request for appellate review that is guaranteed by the constitution or by statute. A discretionary review is a type of appellate review that is not guaranteed by the law and is done by the permission of the court.