Can a criminal appeal be reheard by the same court?
In Pennsylvania, a criminal appeal can be reheard by the same court, but only in certain circumstances. This option is known as a reconsideration or rehearing. When a court is asked to reconsider or rehear an appeal, it can do so if it finds that new evidence was presented or a mistake was made by the court. In some cases, a criminal appeal can be reheard even if neither of the above conditions is met. The Pennsylvania Supreme Court has the authority to order a rehearing if it believes that it is necessary to do so in order to properly and fully consider the case. This power is rarely used as it is assumed that the lower court considered all of the necessary evidence and arguments needed to appropriately decide the case. When a criminal appeal is reheard, the same panel of judges that heard it the first time will hear it again. This means that the same panel of judges will have to reexamine the arguments and evidence, and arrive at a different decision. This could mean that the appeal is granted, the original sentence is upheld, or the sentence is changed. Rehearings are not a common occurrence, as the courts prefer to get it right the first time. However, when necessary, the court can grant a rehearing and allow a fresh set of eyes to look at the case.
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