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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116140
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Asking for an incarcerated friend in Pennsylvania. His

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Asking for an incarcerated friend in Pennsylvania. His appeal (1772 EDU 2015) was just denied by the 3 judge panel. How do we get an appeal by a 7 judge panel? His original appeals attorney was court appointed; how do we get an attorney for this appeal; can this so be court appointed? Or do we have to pay for an attorney? He is indigent. How do we get a copy of the DA's brief? Can we amend the appeal after reading the DA's brief? Should we go to the PA Supreme Court instead of the 7 judge panel? How do we get transcripts from the trial, pre-trial and sentencing hearing? My friend sent in a for,, but it was just sent back to him. The sentencing hearing is important because the judge said he allowed the chester county evidence (a previous conviction) to show intent but in the sentencing he said there was no negative intent.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would file a motion for reconsideration by the full panel and he is entitled to a court appointed attorney from the public defender's appeals section to represent him on appeal. You need to go for the full panel review first and then you can proceed to the Supreme Court. The transcripts were sent to the court of appeals for his appeal, so they should be in the court record at the court of appeals and you can get the appeal record from the clerk's office.
I would not pursue any further appeal without an attorney and if he cannot afford an attorney the public defender's office has to provide him one.
Customer: replied 8 months ago.
to file the motion for reconsideration, you think we need another attorney?Not the court-appointed one from this appeal? And the PD's office can provide one? Do they have to be instructed to do that, or do I just call them? Also, he was convicted in Philadelphia, but is serving time in SCI Pittsburgh. So it would have to be a Philadelphia Public Defender, right?
Thank you for your reply.
I would use the same court appointed attorney if one was already appointed, as they know the case best. If the court has appointed him an attorney he needs to be instructed to file for a full panel hearing and then to the Supreme Court.
Customer: replied 8 months ago.
He doesn't respond to my friends letters. A do think we only have 30 days after the decision. Right?
Thank you for your reply.
You have 30 days from the decision, so you need to contact the public defender's office in Philly where he was convicted to see about an attorney from their appeals division to assist him.
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