Strategic Appellate Law Services for Complex Legal Challenges
Robert Buttner offers expert appellate law services, providing strategic representation in higher courts to challenge unfavorable rulings and defend client rights. With over 30 years of legal experience, Robert combines meticulous research, compelling legal arguments, and a deep understanding of appellate procedures to advocate effectively for his clients.
What is Appellate Law?
Appellate law involves reviewing trial court decisions in higher courts, such as the state appellate courts or federal courts, to determine if legal errors were made that could have affected the outcome of a case. Unlike trial courts, which focus on factual determinations, appellate courts review the application and interpretation of the law.
Our Approach
Robert Buttner’s law firm is dedicated to providing clients with a comprehensive and strategic approach to appellate law. We conduct thorough reviews of trial records, identify legal errors, and craft persuasive arguments to present in appellate briefs and oral arguments. Our goal is to achieve the best possible outcome by leveraging our expertise in complex legal analysis and effective advocacy.
Areas of Expertise
- Criminal Appeals: Representing clients in challenging criminal convictions, seeking to overturn wrongful convictions, reduce sentences, or rectify procedural errors that occurred during the trial process.
- Civil Appeals: Handling appeals in civil cases, such as personal injury, contract disputes, and product liability, ensuring that clients’ rights are upheld in higher courts.
- Post-Conviction Relief: Pursuing relief for clients who have exhausted direct appeals, including filing motions for post-conviction relief based on newly discovered evidence, ineffective assistance of counsel, or constitutional violations.
- Federal Appeals: Advocating for clients in federal appellate courts, presenting complex legal arguments to address errors made in federal district court cases.
- State Appeals: Navigating the intricacies of state appellate procedures to effectively represent clients in appeals before the Commonwealth Court and Superior Court of Pennsylvania.
The When, Why, and Who of a Direct Appeal
In the Commonwealth of Pennsylvania, the right to appeal is a fundamental part of the criminal justice process, providing a structured pathway to challenge legal errors that may have occurred during a trial or sentencing. A direct appeal in a criminal case is the first opportunity for a defendant to challenge their conviction or sentence in a higher court. After a criminal trial concludes with a conviction and sentencing, the defendant has the right to appeal the decision directly to the Pennsylvania Superior Court, an intermediate appellate court that reviews trial court decisions to ensure the law was correctly applied and that the defendant received a fair trial.
Purpose of a Direct Appeal
The purpose of a direct appeal is to address any legal errors that occurred during the trial that may have affected the outcome of the case. These errors might include incorrect rulings on evidence, improper jury instructions, insufficient evidence at trial, errors made at sentencing, or violations of constitutional rights. The appeal is not a retrial of the case; rather, it focuses on whether the legal process was fair and consistent with Pennsylvania law and constitutional standards.
Process of a Direct Appeal
- Notice of Appeal: The appeal process begins when the defendant files a Notice of Appeal with the trial court, signaling the intent to seek review of the conviction and/or sentence. A Notice of Appeal must be filed within 30 days of the sentencing date, except where post-sentence motions have been filed within 10 days of sentencing. In some instances, defendants may file post-sentence motions, such as a motion for reconsideration of the sentence or a motion for a new trial, within 10 days of sentencing. If a post-sentence motion is filed, the 30-day appeal period is paused until the trial court rules on these motions. Once a decision on the post-sentence motion is made, the 30-day window for filing the Notice of Appeal starts anew from the date of the court’s ruling on the motion. Failing to file the Notice of Appeal within the prescribed time frame typically results in the waiver of the right to appeal, meaning the conviction and sentence will stand as rendered by the trial court. In some cases, defendants may attempt to seek relief through other post-conviction procedures, such as a Post Conviction Relief Act (PCRA) petition, but these are separate from the direct appeal process and have their own stringent requirements.
- Preparation of the Record: The trial court assembles the record, which includes transcripts of court proceedings, evidence presented, and any other relevant documents. This record is then sent to the Pennsylvania Superior Court. However, appellate counsel must ensure that a complete record is sent to the appellate court.
- Briefs: The appellant (defendant) and appellee (Commonwealth) submit written arguments called briefs. The appellant’s brief outlines the alleged errors made during the trial and argues why the conviction or sentence should be reversed or modified. The appellee’s brief responds, defending the trial court’s decisions.
- Oral Arguments (Optional): In some cases, a party may request oral argument where attorneys for both sides can further explain their positions and answer the judges’ questions.
- Decision or Outcome: After reviewing the briefs and the record, and considering any oral arguments, the Superior Court issues a written opinion. The court can affirm the conviction and sentence, reverse the conviction, modify the sentence, or remand the case back to the trial court for further proceedings. If the defendant/appellant is not satisfied with the Superior Court’s decision, they may petition the Pennsylvania Supreme Court for discretionary review. However, the Supreme Court is not required to hear the case and only selects cases that present significant legal questions or issues of public importance.
Filing a direct appeal in a criminal case in the Commonwealth of Pennsylvania is an essential right and a critical step for any defendant who believes that errors during their trial or sentencing may have unjustly impacted the outcome. Numerous reasons exist for filing a direct appeal, including:
- Improper Evidence Admission: One of the most common grounds for appeal is the improper admission or exclusion of evidence. This might include evidence obtained in violation of the defendant’s Fourth Amendment rights against unreasonable searches and seizures, or statements coerced or made without proper Miranda warnings. Hearsay or prior wrongs may also be erroneously admitted.
- Incorrect Jury Instructions: Trial judges are responsible for instructing the jury on the applicable law. If the instructions are misleading, incomplete, or incorrect, it can lead to a wrongful conviction. A direct appeal can challenge these instructions to ensure the jury was properly guided in their decision-making.
- Illegal or Excessive Sentences: Appeals can address errors in sentencing, such as the imposition of a sentence that exceeds the statutory maximum or is based on improper considerations. A direct appeal can help correct these mistakes, potentially leading to a reduced or corrected sentence that aligns with the law.
- Due Process Violations: The right to a fair trial is a cornerstone of the American legal system. If procedural errors, prosecutorial misconduct, or judicial bias compromised the defendant’s right to a fair and impartial trial, a direct appeal is a critical avenue to address these violations and uphold constitutional protections.
- Rights to Confront Witnesses and Present a Defense: Errors that infringe on the defendant’s right to confront witnesses or present a full defense, such as limitations on cross-examination or exclusion of key defense evidence, can be grounds for appeal. These rights are fundamental to ensuring a just legal process.
Filing a direct appeal in Pennsylvania is not just about contesting a conviction or sentence—it’s about ensuring that the legal process was fair, just, and in accordance with the law. For those facing the life-altering consequences of a criminal conviction, an appeal offers a vital chance to correct errors, challenge injustices, and protect their rights. By utilizing the appellate process, defendants can seek to rectify wrongs that occurred during their trial and work towards a more favorable outcome in their case.
Why Choose Robert Buttner?
Robert Buttner’s extensive experience and proven track record in appellate law make him a trusted advocate for clients seeking justice in higher courts. Our firm is committed to providing personalized attention, thorough preparation, and strategic legal representation to ensure that clients’ appeals are handled with the utmost care and professionalism.