What Is the Process for Appealing a Criminal Conviction in Pennsylvania?
Pennsylvania provides several avenues for challenging a criminal conviction after a verdict or guilty plea. The process and grounds available depend on where the case is in the proceedings and on the issues being raised. At Decker Bradburn, our criminal defense lawyers assist clients with every step of the post-conviction appeal process.
Post-Sentence Motions
Before filing a direct appeal, a convicted defendant may file post-sentence motions in the trial court within 10 days of sentencing. These motions can challenge the evidence, request a new trial for trial errors, and dispute the sentence. The trial court has 120 days to issue its ruling. If no ruling is issued, motions are deemed denied by law.
Filing post-sentence motions is crucial to preserving issues for appeal that might otherwise be waived.
Direct Appeal to the Pennsylvania Superior Court
A direct appeal is the first review after a criminal conviction in the Court of Common Pleas. Most defendants have 30 days to file a direct appeal with the Pennsylvania Superior Court. If post-sentence motions are filed, the 30-day window begins when those motions are denied.
A direct appeal addresses legal errors that appear in the trial record. Common issues raised on direct appeal include improper denial of pretrial motions, such as suppression motions; incorrect jury instructions; improper admission or exclusion of evidence; challenges to the sufficiency of the evidence supporting the verdict; and sentencing errors.
The Superior Court reviews the record and briefs and issues a written decision. It does not consider new evidence or hold a new trial.
Discretionary Review by the Pennsylvania Supreme Court
If the Superior Court upholds the conviction, a defendant may ask the Pennsylvania Supreme Court to review the case. The Supreme Court chooses which cases it hears. It usually accepts only cases with significant legal questions or conflicting decisions from lower courts.
Post-Conviction Relief Act Petition
The Post-Conviction Relief Act is a separate way to challenge a conviction after direct appeals are exhausted or the time to file them has passed. Unlike direct appeals, a PCRA petition can raise issues beyond the trial record, such as ineffective counsel, new evidence, unmitigated constitutional violations, and illegal sentences.
A PCRA petition must be filed within one year of the judgment or sentence becoming final. The deadline is strictly enforced, with limited exceptions. A PCRA petition is filed in the Court of Common Pleas, and the denial of a petition can be appealed to the Superior Court within 30 days.
Federal Habeas Corpus
Once state remedies are used, a defendant with a federal constitutional claim can petition the United States District Court for a writ of habeas corpus under 28 U.S.C. § 2254. Federal habeas review focuses only on federal constitutional issues. It follows strict rules and has a one-year deadline, which usually starts when the state conviction becomes final.
Speak With Our State College Criminal Defense Attorneys
Each stage of the appellate process involves specific deadlines, procedural requirements, and standards of review. It is important to note that direct appeals and PCRA petitions differ significantly: direct appeals address legal errors shown in the trial record, while PCRA petitions allow challenges outside the record, such as ineffective assistance of counsel or newly discovered evidence. Issues not properly preserved at trial or raised at the proper appellate stage can be permanently waived. Determining which process applies to your issue is a threshold question in any post-conviction matter.
Decker Bradburn handles criminal appeals and PCRA petitions for clients in State College and Centre County. Contact us online or call 814-308-8895 now to schedule a confidential consultation and take the first step in protecting your rights.