§ 722. Direct appeals from courts of common pleas.
The Supreme Court shall have exclusive jurisdiction of appeals from final orders of
the courts of common pleas in the following classes of cases:
(1) Matters prescribed by general rule.
(2) The right to public office.
(3) Matters where the qualifications, tenure or right to serve, or the manner of service,
of any member of the judiciary is drawn in question.
(4) Automatic review of sentences as provided by 42 Pa.C.S. §§ 9546(d) (relating to relief
and order) and 9711(h) (relating to review of death sentence).
(5) Supersession of a district attorney by an Attorney General or by a court or where
the matter relates to the convening, supervision, administration, operation or discharge
of an investigating grand jury or otherwise directly affects such a grand jury or
any investigation conducted by it.
(6) Matters where the right or power of the Commonwealth or any political subdivision
to create or issue indebtedness is drawn in direct question.
(7) Matters where the court of common pleas has held invalid as repugnant to the Constitution,
treaties or laws of the United States, or to the Constitution of this Commonwealth,
any treaty or law of the United States or any provision of the Constitution of, or
of any statute of, this Commonwealth, or any provision of any home rule charter.
(8) Matters where the right to practice law is drawn in direct question.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 23, 1980, P.L.686, No.137, eff.
60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Apr. 13, 1988, P.L.336, No.47,
eff. imd.)
1988 Amendment. Act 47 amended par. (4). Section 6 of Act 47 provided that par. (4) shall apply to
all actions for collateral relief, whether statutory or common law, instituted on
or after the effective date of Act 47, irrespective of the date of conviction or sentence.
1980 Amendment. Act 142 amended par. (5).
Cross References. Section 722 is referred to in section 762 of this title.
Notes of Decisions
Cited in
338
cases (
49 in the last 5 years), 1978–2026 · leading case:
Commonwealth v. Chmiel, 889 A.2d 501 (Pa. 2005).
Commonwealth v. Chmiel, 889 A.2d 501 (Pa. 2005).
· cites it 4× “The trial court held an evidentiary hearing on the amended post-sentence motion, including ineffectiveness claims, on June 12, 2003, at which time Appellant's trial counsel presented testimony.”
Burger v. Sch. Bd. of McGuffey Sch. Dist., 923 A.2d 1155 (Pa. 2007).
· cites it 6× “The School Board filed a petition to remove the matter to this Court pursuant to 42 Pa.C.S. § 722(7), and on March 30, 2005, this Court noted probable jurisdiction.”
Commonwealth v. Spotz, 896 A.2d 1191 (Pa. 2006).
· cites it 2× “[30] At the time of Weaver's conviction, the statute detailing the direct appellate jurisdiction of this Court, 42 Pa.C.S. § 722, provided that "[t]he Supreme Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following…”
Commonwealth v. Chmiel, D., Aplt., 173 A.3d 617 (Pa. 2017).
· cites it 2× “Finally, the PCRA court held that Chmiel had failed to establish exceptional circumstances to warrant discovery pursuant to Rule 902(E)(1).”
Commonwealth v. Clemons, J., Aplt., 200 A.3d 441 (Pa. 2019).
· cites it 2× “Clemons awoke and started 1 This Court has exclusive and automatic jurisdiction over capital appeals pursuant to 42 Pa.C.S. § 722(4) and 42 Pa.C.S. § 9546(d).”
Commonwealth v. Jette, 23 A.3d 1032 (Pa. 2011).
· cites it 2× “42 Pa.C.S. § 722(4); 42 Pa.C.S. § 9546(d); Commonwealth v.”
Commonwealth v. Turner, 80 A.3d 754 (Pa. 2013).
· cites it 2× “The Commonwealth took a direct appeal to this Court pursuant to 42 Pa.C.S. § 722(7). The issue on appeal, as presented by the Commonwealth, is whether Petitioner was deprived of due process when she failed to seek review of her ineffectiveness claims on direct appeal or to…”
Commonwealth v. Singley, 868 A.2d 403 (Pa. 2005).
· cites it 4× “y, and on June 29, 2001, Appellant filed Post-Sentence Motions raising, inter alia, ineffective assistance of counsel claims, a motion to withdraw the guilty pleas and a motion for a new trial based on the assertion that the jury's finding that the aggravating circumstances…”
Commonwealth v. Cox, 983 A.2d 666 (Pa. 2009).
· cites it 2× “42 Pa.C.S. § 722. On direct appeal from the first-degree murder conviction and death sentence, Appellant raised eighteen separate issues.”
Commonwealth v. Natividad, R., Aplt., 200 A.3d 11 (Pa. 2019).
· cites it 2× “On automatic direct appeal pursuant to 42 Pa.C.S. §§722(4) and 9711(h)(1), this Court rejected appellant’s five claims of trial court error in an Opinion Announcing the Judgment of the Court.”
Commonwealth, Aplt. v. Olivo, J., 127 A.3d 769 (Pa. 2015).
· cites it 5× “8 As stated above, this Court has direct review of a trial court’s decision to suspend a statute as unconstitutional pursuant to 42 Pa.C.S. § 722(7). The Commonwealth asserts that the trial court erred in suspending Section 5920 as unconstitutional.”
Commonwealth v. Natividad, 938 A.2d 310 (Pa. 2007).
· cites it 2× “On automatic direct appeal, pursuant to 42 Pa.C.S. §§ 722(4) and 9711(h)(1), this Court affirmed in an Opinion Announcing the Judgment of the Court.”
— 42 Pa. Cons. Stat. § 722(1) — 18 cases
— 42 Pa. Cons. Stat. § 722(2) — 26 cases
— 42 Pa. Cons. Stat. § 722(3) — 14 cases
— 42 Pa. Cons. Stat. § 722(4) — 97 cases
Commonwealth v. Chmiel, 889 A.2d 501 (Pa. 2005).
“The trial court held an evidentiary hearing on the amended post-sentence motion, including ineffectiveness claims, on June 12, 2003, at which time Appellant's trial counsel presented testimony.”
Commonwealth v. Chmiel, D., Aplt., 173 A.3d 617 (Pa. 2017).
“Finally, the PCRA court held that Chmiel had failed to establish exceptional circumstances to warrant discovery pursuant to Rule 902(E)(1).”
Commonwealth v. Clemons, J., Aplt., 200 A.3d 441 (Pa. 2019).
“Clemons awoke and started 1 This Court has exclusive and automatic jurisdiction over capital appeals pursuant to 42 Pa.C.S. § 722(4) and 42 Pa.C.S. § 9546(d).”
Commonwealth v. Jette, 23 A.3d 1032 (Pa. 2011).
“42 Pa.C.S. § 722(4); 42 Pa.C.S. § 9546(d); Commonwealth v.”
Commonwealth v. Singley, 868 A.2d 403 (Pa. 2005).
“y, and on June 29, 2001, Appellant filed Post-Sentence Motions raising, inter alia, ineffective assistance of counsel claims, a motion to withdraw the guilty pleas and a motion for a new trial based on the assertion that the jury's finding that the aggravating circumstances…”
— 42 Pa. Cons. Stat. § 722(5) — 15 cases
— 42 Pa. Cons. Stat. § 722(6) — 2 cases
— 42 Pa. Cons. Stat. § 722(7) — 109 cases
Burger v. Sch. Bd. of McGuffey Sch. Dist., 923 A.2d 1155 (Pa. 2007).
“The School Board filed a petition to remove the matter to this Court pursuant to 42 Pa.C.S. § 722(7), and on March 30, 2005, this Court noted probable jurisdiction.”
Commonwealth v. Turner, 80 A.3d 754 (Pa. 2013).
“The Commonwealth took a direct appeal to this Court pursuant to 42 Pa.C.S. § 722(7). The issue on appeal, as presented by the Commonwealth, is whether Petitioner was deprived of due process when she failed to seek review of her ineffectiveness claims on direct appeal or to…”
Commonwealth, Aplt. v. Olivo, J., 127 A.3d 769 (Pa. 2015).
“8 As stated above, this Court has direct review of a trial court’s decision to suspend a statute as unconstitutional pursuant to 42 Pa.C.S. § 722(7). The Commonwealth asserts that the trial court erred in suspending Section 5920 as unconstitutional.”
— 42 Pa. Cons. Stat. § 722(8) — 1 case
— 42 Pa. Cons. Stat. § 722(a) — 1 case
— 42 Pa. Cons. Stat. § 722(b)(7) — 1 case
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