Timelines for Appeal in Criminal Cases
The appeals process is an important part of a criminal case. It gives the criminal defendant an opportunity to have a “higher court” review the claims and either grant a new trial or affirm the judgment and sentence. Nonetheless, the right isn’t technically absolute and a criminal defendant can waive many appeals claims if they are not careful and diligent in following appeal timelines.
In Pennsylvania, the timeline to appeal a criminal case generally requires the notice of appeal to be filed within thirty days (30) after the entry of the order from which the appeal is taken, typically the judgment of sentence if no post-sentence motions have been filed. See Rule of Criminal Procedure 903. A “post-sentence motion” is a motion filed within ten days (10) of the sentencing date. The purpose of the post-sentence motion is to allow the trial judge the first opportunity to correct any mistakes made during the course of the trial, and is an important step in the appeals process. Specifically, failure to file a post-sentence motion could result in the defendant waiving a “weight of the evidence” challenge or a “discretionary aspects of sentencing” challenge. A weight of the evidence challenge is rarely granted, however, it is a challenge that states that the evidence presented at trial does not align with the verdict of the court and/or jury such that the verdict shocks the conscience. This is an incredibly high burden and is rarely granted.
If a post-sentence motion is filed, the notice of appeal to the superior court must be filed within thirty days (30) of the order disposing of the motion. If the judge does not respond to the post-sentence motion, the motion is deemed denied one hundred and twenty days (120) following the filing of the post-sentence motion. See Pennsylvania Rule of Criminal Procedure 1006.
From there, the Superior Court of Pennsylvania will have the case and review it depending on various issues raised and whether there was a trial. Generally, if the defendant pled guilty, he/she may only appeal on limited grounds (such as a lack of jurisdiction, illegal sentence, a plea made unknowingly or involuntarily, or your attorney was not competent to represent you). The Superior Court operates in three-member panels and can take a significant amount of time deciding a case on appeal. If the Superior Court denies such an appeal, a defendant can then petition the Supreme Court of Pennsylvania to review the case. The Supreme Court of Pennsylvania has the discretion to review your case. The Supreme Court of Pennsylvania is only required to review a case if there was a death penalty decision.
After the direct appeal process has concluded a defendant may pursue a Post Conviction Relief Act (PCRA) claim. These claims are applicable when a petitioner seeks to challenge their conviction or sentence after the direct appeal process has concluded. Under the PCRA, a petition must be filed within one year of the date the judgment becomes final, which is defined as the conclusion of direct review or the expiration of the time for seeking such review. Additionally, the defendant must generally still be in custody or the PCRA is of no effect because the individual is no longer serving a sentence.
There are three exceptions to this one-year filing requirement: (1) interference by government officials; (2) newly discovered facts that could not have been ascertained earlier with due diligence; and (3) a newly recognized constitutional right that applies retroactively. If one of these exceptions applies, the petition must be filed within one year of the date the claim could have been presented. The timeliness of a PCRA petition is a jurisdictional threshold, meaning that if a petition is untimely and no exceptions apply, the court lacks jurisdiction to consider the merits of the claims. Very frequently, cases are dismissed due to untimely filing of PCRA claims.
