QUESTION
Can you appeal a 404 b motion to superior court, and also motion to exclude testimony that commonwealth violated
Asked on Feb 26th, 2020 on Criminal Law - Pennsylvania
More details to this question:
I lost IDSI case with no evidence, different testimony and all, Da filed 404 b motion with was granted from previous case, also my lawyer filed motion to exclude testimony and it was granted.. During trial victim brought up the testimony and lawyer asked for mistrial but judge did not grant it... Do I have good appeal grounds
1 ANSWER
What are good grounds for appeal? Do you have an issue? Yes. A good one? Depends on what the evidence was ans how bad the prejudice was. If there was a mistrial request the judge probably at least gave a jury instruction. So it depends in the facts on how good of an issue it is. Importantly, you inly have thirty days from the imposition of sentence to file your appeal. If you have already meet with an attorney and have them evaluate your issue.
Answered on Mar 23rd, 2020 at 9:01 AM