philadelphia criminal defense attorney lawyer» appeals

Supreme Court Suppresses Confession

jay@hlzlaw.com — Tue, 07 Apr 2009 20:14:34 +0000

The high court handed down the opinion in Corley v. U.S. this week, and reversed a bank robbery conviction. At issue, the prompt presentment requirement, which requires arresting officials to bring an arrestee before a magistrate without undue delay.

In the Corley case, Mr. Corley was arrested for bank robbery and held without seeing a judge or a magistrate for thirty hours, while the FBI interrogated him about the robbery. Ultimately, Corley confessed and was convicted. The Supreme Court threw the conviction out this week due to the unlawful thirty hour unnecessary delay. In doing so, the Court has breathed new life into the McNabb-Mallory rule, which in essence allows the government a six-hour delay in bringing a suspect before a magistrate. After the six hour point, even voluntary confessions may now create suppression issues.

Score one for the rule of law!

Appealing To The United States Supreme Court

jay@hlzlaw.com — Tue, 31 Mar 2009 21:50:16 +0000

Except in very limited circumstances, the United States Supreme Court only hears appeals from the various federal circuit courts of appeals or the highest court of the several states.

There is no automatic right to review by the Supreme Court. A party that desires to have their case heard by the Court must file what is called a Petition for a Writ of Certioari. The Justices decide based on that petition, as well as any brief in opposition thereto filed by an opposing party, whether they will hear the case. If the Justices grant the Petition for a Writ of Certioari, the parties are directed to file briefs and oral argument may be set.

There is a very strict time limit of ninety (90) days in which a party must file the Petition. The ninety days start running from the time of the entry of final judgment in the lower court.

Municipal Court Appeals

Brian Zeiger — Wed, 04 Feb 2009 14:41:30 +0000

In Philadelphia county, if you are charged with only misdemeanors your case is heard in the Muncipal Court of Philadelphia. In the Municipal Court of Philadelphia you do not have the option to have a jury trial, but the federal constitution of the United States of America guarantees you a trial by a jury of your peers. Therefore, if you are unhappy with the outcome of your case in the Municipal Court of Philadelphia, you can take a de novo appeal to the Court of Common Pleas of Philadelphia and start over entirely.

Additionally, if you think the judge in the Municipal Court case made a mistake as a matter of law, you can file a writ of certiorari in Common Pleas Court and ask the Common Pleas judge to review the Municipal Court ruling.