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Pennsylvania Criminal Law

Appeals & Post-Conviction Relief

Criminal cases may be appealed to the Pennsylvania appellate level courts: "Under the Constitution and supporting statutes, an appeal to the Superior Court is a matter of right in a criminal case, and a further appeal to the Pennsylvania Supreme Court may also be taken under certain circumstances." P.L.E.2d Criminal Law § 891 (2019).

The Post Conviction Relief Act (PCRA), found at 42 Pa.C.S. §§ 9541 et seq., "provides for an action by which persons convicted of crimes they did not commit and persons serving illegal sentences may obtain collateral relief" (42 Pa.C.S. § 9542). Information on PCRA proceedings, including the content a PCRA petition should consist of, can be found at Pa.R.Crim.P. 900-910.

For additional information on appellate practice, see the Pennsylvania Appellate Law and Practice guide.

Treatises and Practice Aids

The following member database includes information regarding PCRA and criminal appeals in Pennsylvania. Members must be logged in to jenkinslaw.org to access this database. This database is also available in the library.

Pennsylvania Criminal Law (LexisNexis Practice Guide)
Available on the LexisNexis Digital Library. See Chapter 14: Postconviction Relief Act.

Pennsylvania Law Encyclopedia
Available on the LexisNexis Digital Library. See "Criminal Law" Chapter 37: Post Conviction Proceedings and Chapter 38: Appellate Review (vol. 19). See also "Appeals" (vol. 2).
Also on the library's Lexis computers and in print.

The following print resources include information regarding PCRA and criminal appeals in Pennsylvania. Some resources published by LexisNexis and West/Thomson Reuters may be available on the library's Lexis and Westlaw computers. See below for more information.

Additional information on appeals and appellate practice is available. Search the Jenkins' catalog for appeal* or appellate and limit the results to the Pennsylvania collection for additional resources. Visitors to the library may also want to browse the stacks around call number KFP555.

Criminal Law Symposium 2023 Pennsylvania Bar Institute
See Volume 1: Practicing PCRA law in a post-pandemic (and post-bradley) world & Volume 2: PCRA practice: dos and don'ts.

Criminal Law Symposium 2020 Pennsylvania Bar Institute
See Chapter 8: PCRA Update.

Criminal Law Symposium 2019 Pennsylvania Bar Institute
See Chapter M: The Duty of Zealous Advocacy for the PCRA Practitioner, Chapter Q: PCRA Update, and Chapter CC: The Second Bite: Procedural and Substantive Issues Under the PCRA.

Pennsylvania Appellate Practice West/Thomson Reuters
Also on the library's Westlaw computers.
Library also as previous editions: see all.

Pennsylvania Criminal Practice West/Thomson Reuters
Also on the library's Westlaw computers.
See Chapter 33: Appeals. Library also has previous edition: see all.

Pennsylvania Law Encyclopedia LexisNexis
Also on the library's Lexis computers and the LexisNexis Digital Library.
See "Criminal Law" Chapter 37: Post Conviction Proceedings and Chapter 38: Appellate Review (vol. 19). See also "Appeals" (vol. 2). Library also has previous edition: see all.

The Post Conviction Relief Act: Practice & Procedure PBI Press
Includes forms.
Library also has previous editions: see all.

Standard Pennsylvania Practice 2d West/Thomson Reuters
Also on the library's Westlaw computers.
See Chapter 138: Postconviction Proceedings. Library also has previous edition: see all.