Failure to file Motion to Suppress or Motions in Limine.If an individual is able to show that his or her lawyer was legally ineffective and that they were prejudiced as a result, the court may grant a new trial or sentencing hearing. Petitioners must prove that the attorney was ineffective, that the attorney’s ineffectiveness prejudiced them in some way, and that the attorney’s alleged ineffectiveness did not have a reasonable or strategic basis. Ineffectiveness of counsel is the most frequently cited error in PCRA Petitions. No matter the circumstance, the attorney must prove to the court that the result of the trial may have been different if not for the issues presented in the PCRA Petition. A PCRA Petition may be related to a change in constitutional law since the trial, the discovery of new evidence, the improper or lack of testing of DNA evidence, or ineffectiveness of counsel. The allegation in the petition must be new meaning, that the issue has not been previously litigated in court. The argument will be heard by the same judge who presided over the first trial, or- if that judge is unavailable- a judge in the same jurisdiction and of the same ranking. For example, a conviction may be reversed under instances like a judge issuing improper jury instructions, or incorrectly denying a Motion to Suppress.Ī PCRA Petition is an indirect appeal. In order to win a direct appeal, you must prove that the trial court erred in a decision related to your case. In a direct appeal, your argument will be heard in an appellate court by higher ranking judges. Indirect Appealĭirect appeals are appeals based on legal errors committed by the trial court. In addition to direct appeals, the Post-Conviction Relief Act affords individuals the opportunity to have aspects of his or her case reviewed. However, Pennsylvania offers defendants several avenues to have the circumstances of their case and conviction reconsidered. After the court finds you guilty of a crime, you may feel as if you have lost the fight.
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