I am being prosecuted for Murder. It is a capital case; i.e. the District Attorney is seeking the death penalty. The District Attorney is trying the case herself. She is a cheater. She is trying the case in the media against the gag order from the Judge and the Judge won’t do anything about it. I think the case should be transferred to another county so I can get a fair shake. The Judge denied my request for transfer to a new county. I asked my lawyer to file an appeal before trial. She said that the judge has to certify the appeal to be able to appeal in the middle of the case. She tells me the judge won’t certify the appeal. I thought the if the DA wants to appeal they have to get it certified? I am not sure about any of this, but I want this case moved and this is a weird situation, is there any type of appellate remedy for this?
Yes, you can file a King’s Bench appeal in the Supreme Court of Pennsylvania. This is an appeal where you can ask the Supreme Court of Pennsylvania to hear a matter instantly instead of going through the appeals process. The Supreme Court will rule immediately on the issue if King’s Bench is granted.
I went to an event the other day with Supreme Court Justice J. Michael Eakin, he said that the court almost never grants King’s Bench, even if the parties agree, but that death penalty cases are a type of criminal case that could get King’s Bench.