Direct Appeal to Superior Court

Direct Appeals are one of the first lines of attack post-sentencing.   In Direct Appeal to the Pennsylvania Superior Court, one generally argues errors in law.  Some remedies include vacating of sentences or a remand for trial or sentencing.   Common claims on Direct Appeal to the Pennsylvania Superior Court are:

1. Insufficient evidence
2. Verdict against the weight of the evidence
3. Abuse of Discretion in denying Motions to Suppress or other Pre-trial Motions
4. Errors in Jury instructions or instructions in law
5. Abuse in Discretion in overruling particular objections or other evidentiary rulings
6. Failure to Declare a Mistrial
7. Excessive Sentence

Once a notice of Appeal is filed it is required to file a 1925(b) statement.  This is, in other words, a statement of matters for which you are appealing.  In this statement, one must be complete as any issues not raised are waived.   Once the Trial Court receives the statement, it will the write and Opinion.    Once the Opinion is received, Counsel is given a briefing schedule and once briefs and other filings are compete,  oral argument is possible.