FREE CONSULTATIONS

Email or Call (215) 564-0644

    My son was convicted of murder in Philadelphia after a jury trial and sentenced to 30 years in prison. Do we have time to appeal his case?

    Appeal rights in a Philadelphia criminal case are extraordinarily time sensitive and very complex. In fact, criminal appellate law is one of the most complex areas of law, and there are many nuances. Therefore, it is critical to speak to an appellate criminal attorney immediately. This post will discuss two of the most important time deadlines after a criminal trial in Philadelphia.

    Appeals – Time to File (30 Days After Entry of Judgement)

    After a criminal trial in Philadelphia, a criminal defendant has 30 days to appeal trial rulings and errors to a state appeals court. In a Philadelphia murder case, the defendant can file an appeal with the first level appellate court, the Pennsylvania Superior Court.

    Under the Pennsylvania Rules of Appellate Procedure, a criminal defendant has 30 days to file an appeal. The clock starts ticking the day the judgement is entered or docketed.

    More: PA Criminal Appeals Law, Filing a Direct Appeal After a Trial

    There are multiple issues which can be raised in an appeal, including:

    • sufficiency of the evidence (i.e., was there sufficient evidence of each element of the crime?),
    • trial rulings on evidence (i.e., did the court make an error?), and
    • jury instructions (i.e., was there an error in the jury instructions?).

    It’s also important to note that in some cases, a post-sentence motion may be filed. For instance, a motion for reconsideration of a trial ruling may be appropriate. However, attempting to rehash an argument made at trial will not be successful. There must be some basis for the post-sentence motion, such as a new appellate court ruling which affects the ruling. These types of motions must be filed within 10 days after the sentencing order is entered.

    PCRA (Post Conviction Relief Act) Petitions – Time to File (1 Year After Entry of Judgement)

    Whether an appeal is filed or not, a criminal defendant in a murder case has a right to file a Post Conviction Relief Act petition. Pennsylvania PCRA petitions must be filed within 1 year after entry of the judgement. The 1 year time limitation is a jurisdictional hook. This means that courts will not even entertain PCRA issues unless the petition was filed within the 1 year. However, there are some limited exceptions. One exception allows petitions to be filed after the 1 year deadline when new evidence is discovered, and even then, the petition must be filed within 60 days after uncovering the new evidence.

    The most common issue raised in a PCRA petition is ineffective assistance of counsel (IAC). An IAC claim may be raised when the defense attorney’s conduct was not reasonably designed to advance the interests of the client/defendant, and as a result, the defendant was prejudiced.

    Philadelphia Murder Appeals – FREE CONSULTATIONS

    If you’d like a FREE consultation for a murder case appeal in Philadelphia, please contact our office. (215) 564-0644

    Disclaimer: This website does not create any attorney-client relationship or provide legal advice. Our lawyers provide legal advice only after accepting a case. It is imperative that any action taken is done on advice of counsel. Read full disclaimer below.

     

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"
    (2015-2022)

    MURDER, Att. Murder CHARGES – Negotiated Significantly Lower prison sentence (Feb. 2022, PHILA)

    Mr. Anderson faced murder and attempted murder charges after an incident in Northeast Philadelphia involving the shooting death of Anderson’s sister’s boyfriend and the boyfriend’s roommate who was shot 5 times and survived. The decedent had previously beaten the...

    Att. MURDER CHARGES – NOT GUILTY JURY VERDICT (April 2022, PHILA)

    The Commonwealth alleged that Mr. Shelton shot and seriously injured a male in a bar in North Philadelphia called Circles. There was video of the shooting which happened outside the bar. However, Mr. Nenner presented witnesses who testified that the person in the bar...

    MURDER, Robbery CHARGES – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    Mr. Nenner's client was charged with multiple crimes (murder, conspiracy, aggravated assault, robbery, etc.) after a shooting death occurred at a gambling house in North Philadelphia. At trial, Mr. Nenner successfully presented a self-defense argument and convinced...

    MURDER CHARGE – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    Mr. Nenner’s client was charged with murder and gun charges in Philadelphia. The client was accused of shooting and killing another male on Arch Street near the 5600 block of Ithan Street in Philadelphia. The jury returned a verdict of not guilty after deliberating...

    Drug Possession Case – Motion to Suppress Granted

    Mr. Nenner presented evidence that to show that the traffic stop was a pretextual stop. The officer had no reason to pull the car over. The judge agreed and suppressed the evidence. As a result, the prosecution withdrew the charges.

    Sentencing for 1st Degree Murder in PA

    In this article below we discuss sentencing for 1st degree murder cases in Pennsylvania. In later articles, we will discuss sentencing for 2nd and 3rd degree murder cases. If you or a loved one is facing murder charges in Philadelphia or the surrounding counties,...

    Philadelphia Criminal Trials – Evidence Pointing to Another Perpetrator in Drug Possession or Drug Manufacture Cases

    In criminal trials in Philadelphia, one pretty common defense tactic is pointing the finger at another person at trial. This can raise enough doubt to result in a not guilty verdict by the judge or jury that the defendant was not the perpetrator of the crime. Here’s...

    Philadelphia Murder & Gun Possession Cases Increasing in 2021 – A Look at Common Charges & Defenses

    A look at PA criminal law for Murder (1st, 2nd, 3rd Degree), Aggravated Assault, Robbery, Possession of a Firearm, Carrying a Firearm Without a License, Carrying a Firearm in Philadelphia (misdemeanor).

    Pennsylvania Murder Charges, Deceased Person’s Statements Used to Prove Guilt

    Defense Trial Strategies – Excluding Statements That Accuse the Defendant Prosecutors often look to a deceased individual’s statements made prior to a murder to show that the defendant is guilty. These statements may point to a history of violence between the deceased...

    Pennsylvania (State) Drug Charges, Dog Sniffs & Constitutional Law

    Federal and Pennsylvania state courts treat narcotics dog searches differently. So different that the same scenario could result in different outcomes in federal versus state court. For example, a Philadelphia resident is pulled over for speeding. During the traffic...