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Bill Cosby Denied Appeal, But Other Avenues to Freedom Remain

NNPA NEWSWIRE — “In my view, the case law which the Superior Court followed in this case does not adequately recognize the overwhelming, prejudicial effect of this type of evidence and the way in which it makes it incredibly difficult to obtain a fair trial on the actual allegations in question,” says Philadelphia-based criminal appeals attorney, Zak Goldstein.

Published

6 years ago

December 13, 2019

Oakland Post

Bill Cosby, who in 2018 was convicted and sentenced to prison on aggravated indecent assault charges, has lost his bid for an appeal to the Pennsylvania Superior Court.

By Zak Goldstein, Special to NNPA Newswire
@ZakTGoldstein

Bill Cosby, who in 2018 was convicted and sentenced to prison on aggravated indecent assault charges, has lost his bid for an appeal to the Pennsylvania Superior Court.

Zak Goldstein, an attorney who specializes in criminal defense appeals in Pennsylvania, told NNPA Newswire that the court’s denial of Cosby isn’t the last hurrah for the actor and comedian.

Goldstein, who does not represent Cosby, outlines what’s next for Cosby and his team. ~ Editors

Unfortunately, the majority of criminal appeals in Pennsylvania are denied by the Superior Court – meaning it is relatively rare for them to reverse a criminal defendant’s conviction or sentence.

In my experience, this seems to hold true whether the case was a high-profile case or not.

It happens, but the error committed by the trial court has to be significant AND preserved by the trial attorney, meaning the trial attorney must have made a timely objection at the time that the error occurred.

The case law directs the Superior Court to provide a great deal of deference to the rulings of the trial judge for most evidentiary issues.

For example, the issue of whether the other accusers who were not actually part of the case should have been allowed to testify is an issue where the Superior Court applies an “abuse of discretion standard.”

This means that they will not review the issue for whether they would have admitted the evidence themselves if they were initially making the ruling, but instead they look at whether it was unreasonable for the trial judge to make that ruling.

Unless the judge was clearly wrong, they are not going to reverse the conviction for that reason.

With respect to prior bad acts evidence, such as these other accusers, trial courts often let this type of evidence in where the Commonwealth can show that the allegations were similar or somewhat similar to the allegations in the current case, and the appellate courts usually approve of this.

It then becomes incredibly difficult to obtain a fair trial as this type of propensity evidence is overwhelmingly prejudicial.

This is particularly true in cases involving sex offenses. Most cases involving alleged sex crimes do not involve forensic evidence, and there are usually not any witnesses other than the complainant.

Therefore, prosecutors have responded by pushing for rules which make it easier to obtain a conviction and defend a conviction in these types of cases.

By piling on with other unproven allegations, even where the defendant is not charged with those offenses, the prosecution increases its chances of obtaining a conviction.

In my view, the case law which the Superior Court followed in this case does not adequately recognize the overwhelming, prejudicial effect of this type of evidence and the way in which it makes it incredibly difficult to obtain a fair trial on the actual allegations in question.

It is not surprising to me that the first trial, where only one “prior bad act” was allowed into evidence, resulted in a hung jury while the second trial, where more accusers were allowed to testify, resulted in a conviction.

This type of evidence is admitted in criminal trials every day throughout the state.

The thing that was really baffling to me in this case was that the ruling changed in the Commonwealth’s favor after the first trial.

Mr. Cosby has a number of potential avenues through which he could continue to pursue his appeal. First, he could file an application for re-argument en banc.

The initial ruling by the Superior Court was made by a panel of three judges.

The application for re-argument en banc asks the court to have a panel of nine judges review the case instead.

If the court votes to grant re-argument, then the opinion would be withdrawn, and a new briefing schedule would be set. Nine Superior Court judges would then consider the appeal.

His second option is to forego the application for re-argument and appeal to the Pennsylvania Supreme Court by filing a Petition for Allowance of Appeal.

This would mean asking the Supreme Court to review the case. The PA Supreme Court does not have to accept an appeal.

Instead, they typically only review a case when there is some new issue for which there is no case law or where the case law has become outdated, when the Superior Court’s ruling is clearly incorrect, or when there are conflicting opinions between panels of the Superior Court that cannot really be reconciled. The PA Supreme Court does not hear very many cases each year. The Pennsylvania Supreme Court, however, has been relatively progressive on criminal issues recently.

Finally, with respect to a direct appeal, if re-argument and a Petition for Allowance of Appeal are unsuccessful, he could appeal to the United States Supreme Court if there was some federal issue involved that he would like to raise.

It is not too late to file a Post-Conviction Relief Act Petition and allege the ineffective assistance of counsel.

Generally, direct appeals come first, meaning that a defendant who is unhappy with the outcome would first ask the Superior Court and possibly the Supreme Court to overturn the conviction or sentence.

When that fails, the sentence becomes final, and a defendant can file a Post-Conviction Relief Act Petition (PCRA) and allege that the lawyer did something wrong.

A direct appeal deals with errors made by the judge, while a PCRA Petition alleges errors made by the trial and/or appellate attorney. You typically have one year from the date on which the sentence becomes final to file a PCRA Petition.

The sentence does not become final until thirty days after the Superior Court affirms a conviction or ninety days after the PA Supreme Court affirms a conviction.

The direct appeal, if you are going to file one, has to come first as you cannot file one after litigating a PCRA if you have missed the deadline, and they cannot be litigated at the same time.

A PCRA Petition goes back to the trial judge who heard the case for an initial ruling. If the trial judge denies it, then there can be another round of appeals to the Superior Court and the Supreme Court.

If those are unsuccessful, a defendant can file a Habeas Petition in federal court again alleging ineffective assistance of counsel, but it is not easy to overturn a state court conviction in federal court.

Zak Goldstein is a Philadelphia-based criminal appeals attorney with the firm, Goldstein Mehta LLC. You can visit his website at www.goldsteinmehta.com, or follow him on Twitter @ZakTGoldstein.

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LIHEAP Funds Released After Weeks of Delay as States and the District Rush to Protect Households from the Cold

BLACKPRESSUSA NEWSWIRE — The federal government has released $3.6 billion in home heating assistance after a delay that left states preparing for the start of winter without the program’s annual funding.

Published

1 week ago

December 1, 2025

Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

The federal government has released $3.6 billion in home heating assistance after a delay that left states preparing for the start of winter without the program’s annual funding. The Low-Income Home Energy Assistance Program, known as LIHEAP, helps eligible households pay heating and cooling bills. The release follows a shutdown that stretched 43 days and pushed agencies across the country to warn families of possible disruptions.

State officials in Minnesota, Kansas, New York, and Pennsylvania had already issued alerts that the delay could slow the processing of applications or force families to wait until December for help. In Pennsylvania, more than 300,000 households depend on the program each year. Minnesota officials noted that older adults, young children, and people with disabilities face the highest risk as temperatures fall.

The delay also raised concerns among advocates who track household debt tied to rising utility costs. National Energy Assistance Directors Association Executive Director Mark Wolfe said the funds were “essential and long overdue” and added that high arrearages and increased energy prices have strained families seeking help.

Some states faced additional pressure when other services were affected by the shutdown. According to data reviewed by national energy advocates, roughly 68 percent of LIHEAP households also receive nutrition assistance, and the freeze in multiple programs increased the financial burden on low-income residents. Wolfe said families were placed in “an even more precarious situation than usual” as the shutdown stretched into November.

In Maryland, lawmakers urged the Trump administration to release funds after the state recorded its first cold-related death of the season. The Maryland Department of Health reported that a man in his 30s was found outdoors in Frederick County when temperatures dropped. Last winter, the state documented 75 cold-related deaths, the highest number in five years. Rep Kweisi Mfume joined more than 100 House members calling for immediate federal action and said LIHEAP “is not a luxury” for the 100,000 Maryland households that rely on it. He added that seniors and veterans would be placed at risk if the program remained stalled.

Maryland Gov. Wes Moore used $10.1 million in state funds to keep benefits moving, but noted that states cannot routinely replace federal dollars. His administration said families that rely on medical equipment requiring electricity are particularly vulnerable.

The District of Columbia has already mapped out its FY26 LIHEAP structure in documents filed with the federal government. The District’s plan shows that heating assistance, cooling assistance, weatherization, and year-round crisis assistance operate from October 1 through September 30. The District allocates 50 percent of its LIHEAP funds to heating assistance, 10 percent to cooling, 13 percent to year-round crisis assistance, 15 percent to weatherization, and 10 percent to administrative costs. Two percent is used for services that help residents reduce energy needs, including education on reading utility bills and identifying energy waste.

The District’s plan lists a minimum LIHEAP benefit of $200 and a maximum of $1,800 for both heating and cooling assistance. Crisis benefits are provided separately and may reach up to $500 when needed to resolve an emergency. The plan states that a household is considered in crisis if it has been disconnected from energy service, if heating oil is at 5 percent or less of capacity, or if the household has at least $200 owed after the regular benefit is applied.

The District’s filing notes that LIHEAP staff conduct outreach through community meetings, senior housing sites, Advisory Neighborhood Commissions, social media, posters, and mass mailings. The plan confirms that LIHEAP applicants can apply in person, by mail, by email, or through a mobile-friendly online application and that physically disabled residents may request in-home visits.

As agencies nationwide begin distributing the newly released funds, states continue working through large volumes of applications. Wolfe said LIHEAP administrators “have been notified that the award letters have gone out and the states can begin to draw down the funds.”

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Seven Steps to Help Your Child Build Meaningful Connections

BLACKPRESSUSA NEWSWIRE — Swinging side by side with a friend on the playground. Sharing chalk over bright, colorful sidewalk drawings. Hiding behind a tree during a spirited game of hide-and-seek. These simple moments between children may seem small, but they matter more than we think

Published

1 week ago

December 1, 2025

Oakland Post

By Niyoka McCoy, Ed.D., Chief Learning Officer, Stride/K12

Swinging side by side with a friend on the playground. Sharing chalk over bright, colorful sidewalk drawings. Hiding behind a tree during a spirited game of hide-and-seek. These simple moments between children may seem small, but they matter more than we think: They lay the foundation for some of life’s most important skills.

Through everyday play, young children begin learning essential social and emotional skills like sharing, resolving conflicts, showing empathy, and managing their emotions. These social skills help shape emotional growth and set kids up for long-term success. Socialization in early childhood isn’t just a “nice-to-have”—it’s essential for development.

Yet today, many young children who haven’t yet started school aren’t getting enough consistent, meaningful interaction with peers. Research shows that there’s a decline in active free play and peer socialization when compared to previous generations.

There are many reasons for this. Children who are home with a parent during the day may spend most of their time with adults, limiting opportunities for peer play. Those in daycare or preschool may have restricted free play, and large classrooms can reduce supervision and social coaching. Some children live in rural areas, are homebound due to illness, have full schedules, or rely on screens to fill their playtime. And for some families, finding other families with young children to connect with isn’t easy.

While these challenges can feel significant, opportunities for connection still exist in every community. Families can take simple steps to help children build friendships, create a sense of belonging, and strengthen social skills. Here are some ideas to get started:

Storytime sessions at libraries or local bookstores
Community offerings such as parent-child workshops, art, music, gymnastics, swimming, or sports programs
Weekly events at children’s museums, which may include art projects, music workshops, or science experiments
Outdoor exploration, where kids can play with peers
Local parenting groups that organize playdates and group activities
Volunteer opportunities where children can participate, such as pet adoption events or packing meals at a food bank
Classes for kids at local businesses, including hardware, grocery, or craft stores

Some of these community activities are free or low-cost and give kids the chance to build friendships and practice social skills. Parents can also model positive social behavior by interacting with other parents and encouraging their children to play with their peers.

These may seem like small moments of connection, but they can have a powerful impact. Every time your child shares a toy, plays make-believe with peers, or races a friend down the slide, they’re not just playing—they’re learning the skills that build confidence, empathy, and lasting friendships. And it’s good for you, too. Creating intentional opportunities for play also helps you strengthen your own network of parents who can support one another as your children grow together.

Oakland Post

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#NNPA BlackPress

Seven Steps to Help Your Child Build Meaningful Connections

Published

1 week ago

December 1, 2025

Oakland Post

By Niyoka McCoy, Ed.D., Chief Learning Officer, Stride/K12

Storytime sessions at libraries or local bookstores
Community offerings such as parent-child workshops, art, music, gymnastics, swimming, or sports programs
Weekly events at children’s museums, which may include art projects, music workshops, or science experiments
Outdoor exploration, where kids can play with peers
Local parenting groups that organize playdates and group activities
Volunteer opportunities where children can participate, such as pet adoption events or packing meals at a food bank
Classes for kids at local businesses, including hardware, grocery, or craft stores