By District Attorney Ryan Sayers
2023 Vol. 15
So far this year, we have discussed how cases are handled at the county level, which is known as the Court of Common Pleas.
However, sometimes decisions by judges need further review to make sure that the law was followed correctly in a case.
We will discuss some of those issues and the procedure over the next few weeks, but this week I will explain the basic structure of our appellate system in Pennsylvania.
In Pennsylvania, we have three appellate courts, and you will see political signs out this year because there are elections for open seats on each of these appellate courts.
Pennsylvania is unique in our appellate structure because we are one of only a few states that have two intermediate appellate courts—the Superior Court and the Commonwealth Court.
The Superior Court handles all criminal matters and the vast majority of civil case appealed from a Court of Common Pleas.
On the other hand, the Commonwealth Court has jurisdiction over administrative/regulatory cases, cases where state agencies are involved and some private civil cases.
If an attorney or individual believes that one of these courts has made a decision in error, then the next appeal would be to the Pennsylvania Supreme Court, which has jurisdiction over every case in the Commonwealth.
Cases can be appealed from the Court of Common Pleas “as a matter of right” to the Superior Court or Commonwealth Court.
This means that once a final order has been entered in a case, which is typically a sentencing order or post-sentence motion order in a criminal case, then a party has a right to have their appeal heard by one of the two courts.
On the other hand, to have an appeal heard by the Pennsylvania Supreme Court, a party has to request permission from the Justices, and this request is granted in a very small fraction of cases each year.
If the request for permission is granted, then the Supreme Court will hear the appeal. However, if they deny the request, then the decision of the Superior Court or Commonwealth Court is binding.
Now that we have a basic understanding of the appellate structure in Pennsylvania, next week we will start discussing the procedure that is followed for appeals and some of the different appeal issues that arise in criminal cases.
Ryan Sayers is the elected District Attorney of Clearfield County, Pennsylvania.
The information contained in this article is provided for informational and educational purposes only, and should not be construed as legal advice on any subject matter.
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