Commonwealth v. Rogers

This case offers another example of why you should hire the pros at Sullivan | Simon to ghostwrite your appellate briefs. The defendant alleged the verdict was against the weight of the evidence. In his brief, he framed the issue: “Were not the verdicts so contrary to the weight of the evidence as to shock one’s sense of justice?” The Superior Court scrutinized the defendant’s wording and ruled, by framing the issue in that manner, the defendant “presented it as if we employed a de novo standard of review for evidentiary-weight claims.” However, for weight claims, the appellate issue is whether the trial court abused its discretion. The Court ruled that the defendant failed to recognize the correct appellate standard of review in his brief. Thus, the issue was meritless.

Rogers