When you appeal a case does the new judge have any notes from the prior case?

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When you appeal a case does the new judge have any notes from the prior case?

I had a summary offense for a retail theft charge. During my court case I found out that they didn’t have any proof that I stole something. I appealed the case and I now have a new court case with a different judge. Is the new judge going to have notes from the first court case that I had or is it like a blank slate?

Asked on June 11, 2012 under Criminal Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 9 years ago | Contributor

If you appealed from the local District Court to the Court of Common Pleas, the judge will not have notes from the lower, District Court. It really doesn't matter anyway. At the Common  Pleas level, the Commonwealth has to prove each elemant of retail theft, all beyond a reasonable doubt. The Commonwealth das the burden of proof, not you. ood luck.


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