What is an en banc hearing?
An en banc hearing is a type of hearing that occurs in criminal appeals cases in Pennsylvania. It involves a group of appeals court judges, called an en banc panel, who hear and decide a case together rather than having a sole judge as in most appeals cases. The en banc panel is made up of three or more judges that are selected randomly from the court of appeals’ judges to review a case. En banc hearings are used to provide additional scrutiny to an appeal. The upshot of the extra scrutiny is that a decision by an en banc panel is binding throughout the entire court, meaning it overrules any conflicting decisions that have been made. This is especially important when there is a conflict between appeals courts or a conflict between a lower court and the appeals court. En banc hearings are also used when a case is of major public importance, when the language of the law is unclear, or when there needs to be a more comprehensive review of the facts and the law. These types of cases can sometimes take years to resolve and require an en banc hearing to provide a comprehensive solution. In summary, an en banc hearing is an important tool for handling criminal appeals cases in Pennsylvania. It involves a panel of court of appeals judges who decide the case together, and their decision is binding for the entire court. En banc hearings are used when a case is of major public importance, when the language of the law is unclear, and when there needs to be a more comprehensive review of the facts and the law.
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