The lawyer who remarks to the news media assembled on the courthouse steps that he or she will take the case to the highest court in the land to overturn a client’s loss appears much more frequently in fictional depictions than in reality. Nevertheless, following the conclusion of the first level of appellate review, both the losing side and the winning side cannot help but ponder how many additional levels of appellate review, if any, remain to pursue or be endured.
The stark reality is that in nearly every case only one level of appellate review is available as of right. In a typical case pending in an ordinary trial court, the type of appellate review that is available as of right is an appeal to the intermediate appellate court. For lawyers practicing in Pennsylvania, that means an appeal either to the Superior Court of Pennsylvania, the Commonwealth Court or the U.S. Court of Appeals for the Third Circuit.
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