68 appeals were resolved in the Superior Court in 2023. The Appeals Division obtained relief for clients in 22 cases, a success rate of 32%. By way of comparison, the Appeals Division’s success rate in the Superior Court ten years ago was 12%. The Appeals Division was also successful in the Supreme Court in 2023. Unlike the Superior Court, which is an error-correcting court, the Supreme Court is a policy-making court and chooses to hear appeals based on whether the case is important and compelling. Since the Supreme Court is not required to hear every appeal, counsel must petition for allowance of appeal, which is sparingly granted. This year, the Supreme Court disposed of 12 petitions from the Appeals Division. Although ten were denied, the Court granted allowance of appeal in two cases. In Commonwealth v. Crosby, the Supreme Court granted a petition to determine the proper way to interpret the resisting arrest statute’s “substantial force to overcome the resistance” language. In Commonwealth v. Foster, the Supreme Court granted a petition asking the Court to resolve whether a police officer’s representation to the defendant that he was not a suspect rendered the defendant’s subsequent statement involuntary. Beyond filing principal briefs, reply briefs, applications for reconsideration, and petitions for allowance of appeal, the Appeals Division’s attorneys orally argued 25 cases before the Superior Court in 2023. Oral argument is not required and is determined at the discretion of the appellant’s counsel. Electing to present oral arguments is a testament to the Appeals Division’s commitment to advocate on behalf of clients. Beginning in 2020, the Allegheny County Public Defender’s Office, through the Appeals Division, became a Judiciary Committee Stakeholder, offering input on the pros and cons of legislative proposals involving criminal matters and indigency. Although the turnaround time
LeCSI Collaboration The Office of the Public Defender attorneys and social workers work in conjunction with the Office of Developmental Supports to identify and assist clients who have developmental and intellectual disabilities, autism, and mental health diagnoses. Through this close relationship, attorneys are able to assist clients in obtaining better outcomes on their criminal cases and have their voices heard throughout the process. These attorneys also specialize in pursuing complex competency defenses and mitigation relating to mental health and developmental disabilities. Having OPD work closely with the Office of Developmental Supports ensures that clients can continue to engage and identify community supports, such as stable housing or mental health treatment.
Appeals Division In 2023, the Appeals Division filed 101 new appeals. Given the long, slow, and methodical nature of the appeal process, many will not reach final disposition for a year or more. Nevertheless,
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