Category: Appeals
As a defense attorney in Philadelphia, I receive a great many questions regarding summary appeals, so I thought I should write about summary appeals as a review. Understand what is written in this post is not meant to include Philadelphia county. In Philadelphia county my answers would…
Brian Zeiger is quoted in the USA Today article regarding sentencing options for Cosby. The defense team is vowing to appeal his conviction. As he left the courthouse Thursday, lead defense attorney Tom Mesereau vowed, “The fight is not over,” indicating his intent to appeal….
Put simply, “habeas corpus” is a writ (petition) that can be used in a narrow set of circumstances to bring the case of a state prisoner before the United States federal courts. However, federal prisoners may also invoke habeas corpus under slightly different circumstances. Translated directly…
Embed This Image On Your Site (copy code below): <br /><br /><br /><br /><br /> <div style=”clear:both”><img src=”https://brianzeiger.com/wp-content/uploads/2021/09/pa-appeals-infographic-1-638.webp” alt=”PA Criminal Appeals Infographic” border=”0″ /></div><br /><br /><br /><br />
The Philadelphia Criminal Law Firm of Brian J. Zeiger, Esquire has a Pennsylvania Supreme Court win on an appeal. In Commonwealth v. Cooley, No. 10 MAP 2014, decided June 15, 2015, the Pennsylvania Supreme Court ruled that Miranda is still alive in Pennsylvania, overturned Mr. Cooley’s Conviction, and remanded the matter…
In Pennsylvania, a judge can sentence a defendant to a consecutive or a concurrent term of prison. No rule exists governing when a judge can give a consecutive sentence. On review, the appellate courts apply the same appellate principals to concurrent and consecutive sentences. Meaning, no greater scrutiny…
When you appeal your criminal conviction, four documents are very important for the Superior Court of Pennsylvania when making their decision: Your Brief (Appellant’s Brief) The District Attorney’s Brief (Appellee’s Brief) The Trial Judge’s Opinion Notes of Testimony & Exhibits from Trial The trial judge’s opinion…
Often, after you are unsuccessful in your state court appeal, people wonder what they can do to further their appeal and keep fighting. After your state court appeals are over, you may have a right to a Federal Habeas Appeal. In a Federal Habeas Appeal you are saying the…
Frequently asked questions about how to get your Petition for Allowance of Appeal granted. If you lose your appeal in the Superior Court of Pennsylvania, you do not have a right to appeal to the Supreme Court of Pennsylvania. Instead you must file a Petition for Allowance…
In my appeal, I did some research on my own and found some cases that seem really good for me. My lawyer told me that not all cases have precedent in appeals. I don’t understand how a case cannot have precedent in appeals? In general, appellate…
