(Editor’s note: The information in this special series is for educational purposes only and is not intended to address any particular case, nor should any articles be taken as legal advice. Always consult with an attorney on any legal matter.)
Prior to a jury trial, other hearings may occur. For example, a defendant may ask our court to order that the Commonwealth cannot use certain evidence against them. These types of hearings are called “pretrial” hearings because they occur prior to a trial.
If a party wants to appeal our court’s rulings on a criminal case, the appeal is heard by the Pennsylvania Superior Court.
A defendant cannot normally appeal a pretrial ruling until after he has been convicted at trial. At that time, he can appeal any pre-trial rulings and his conviction.
If someone is found not guilty, obviously he will not appeal. And, because that finding is final, the Commonwealth cannot appeal it. The concept of double jeopardy prevents someone from being tried twice for the same crime if they were found not guilty previously. (This rule does not apply to cases where the jury cannot agree and a mistrial is declared. In those instances, we can retry the defendant on the counts on which the jury cannot agree.)
So, if the Commonwealth wants to appeal an adverse pretrial ruling by the court, it cannot wait until the verdict. It is permitted to file an appeal before the conviction as long as the ruling substantially harms the Commonwealth’s case. When the pretrial ruling is the type that restricts evidence we can use at trial, it is considered to substantially harm the Commonwealth’s case. So we can appeal it prior to trial.
It is very common for a defendant to appeal after he is convicted. In fact, it should be expected. The Superior Court has to accept his appeal at that time.
It is less common for the Commonwealth to appeal but, in cases where a pretrial ruling is harmful to the Commonwealth’s case, we do it. In fact, in the last year, I have appealed three different pretrial rulings in three different cases. In those cases, the pretrial rulings related to our court’s rulings that we would not be permitted to use evidence at the upcoming trials. In each of those three cases, the Superior Court overturned our court’s rulings so the appeals were successful. In other words, the Superior Court said we may use the evidence in question.
When a party appeals to the Superior Court, the Superior Court schedules both sides to file written “briefs” outlining their positions and citing law on the issue. Our court has to send the record and transcripts of any hearings to the Superior Court. The party filing the appeal then decides if they want to personally argue the case to the Superior Court (which usually occurs in Pittsburgh) or if they want the court to decide the case on the briefs alone. The Superior Court can affirm our court’s decision, reverse our court’s decision or send it back to our court to consider some portion of its prior ruling.
If any party is not satisfied with the findings of the Superior Court, they can ask the Pennsylvania Supreme Court to hear the case. The Pennsylvania Supreme Court, however, is not required to hear an appeal and is selective on the cases it accepts — typically related to a fundamental principle involved in a case — something more than a party’s disagreement with the trial court’s admission of evidence.
The appeal process can be lengthy but, we have one chance to get it right so it is an important piece of our system from both sides.
