Preserving issues for appeal is crucial during a Philadelphia criminal trial. Thus, it is important for defendants to have an experienced Philadelphia criminal lawyer on their side. During criminal trials, such as a murder trial, an experienced lawyer knows when to make proper objections which later serve as grounds of appeal if defendants are convicted at trial.
Click here to see a discussion of Appeals and Post-Conviction Relief Act (PCRA) Petitions.
When a Philadelphia criminal defense lawyer makes an objection during trial, he is telling the judge that the prosecutor violated an evidence rule by trying to admit evidence that should not be admitted. Evidence does not only include tangible evidence like a photo, document or weapon, it is also a statement made by parties and witnesses.
After an objection is made, the judge will listen to the basis of the objection and arguments made by both sides as to why the evidence should or should not be admitted. The judge will either overrule the objection, i.e., allow the evidence to be considered by the jury when deciding the verdict of the case, or sustain the objection, i.e., not allow the evidence to be considered by the jury.
In many cases, defendants can appeal cases where a trial judge made an error and over a defense lawyer’s objections, allowed evidence that is actually inadmissible. In general, appellate courts will consider objections and legal arguments made at trial. If proper objections are not made at trial, defendants may have waived their rights to appeal even if the court was wrong in its ruling. Objections must be made at the right juncture or it may also lead to a waiver.
In a Philadelphia first degree murder trial, our top rated criminal defense lawyer, David Nenner, made timely and proper objections and preserved issues for appeal. The appellate court awarded Mr. Nenner’s client a new trial due to Mr. Nenner’s objections and legal arguments at trial. See Commonwealth of PA vs. Ronald Thomas, (PA Superior Court, 2015).
Facts of the Philadelphia Murder Case
Mr. Nenner’s client, Ronald Thomas (defendant), was charged with first degree murder of Anwar Ashmore (victim). The victim allegedly stole cocaine from the defendant. Prosecutors argued that this gave the defendant motive to shoot the victim twice in the chest in retaliation for the victim stealing from him. At trial, prosecutors were allowed to admit damaging evidence over Mr. Nenner’s objections, and ultimately, the jury convicted the defendant of murder. He was sentenced to life without the possibility of parole.
Click here to part 2 of this article which discusses the objections that Mr. Nenner made at trial.
Philadelphia Criminal Defense Lawyer
David Nenner is a Philadelphia criminal defense lawyer who handles cases such as homicide, gun possession and drug charges in Philadelphia. If you have a question about your case, schedule a FREE consultation with Mr. Nenner. 215.564.0644
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