Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

COMMONWEALTH of Pennsylvania v. James WALSH, Appellant

PER CURIAM:

Appellant's post-verdict motions, filed on January 16, 1975, were argued on April 9, 1975, more than ten weeks after the Supreme Court announced in Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975), that only written motions would be considered by trial and appellate courts. Appellant is therefore foreclosed from arguing on this appeal claims other than those raised in his boiler-plate written motions. Commonwealth v. Cornish, 471 Pa. 256, 260, 370 A.2d 291, 293 (filed Feb. 28, 1977); Commonwealth v. Bailey, 463 Pa. 354, 357, 344 A.2d 869, 871 (1975); Commonwealth v. Branch, 239 Pa. Super. 17, 22 n. 3, 361 A.2d 435, 438 n. 3 (1976). However, appellant was not given the instruction required by Pa.R.Crim.P. 1123(c), and we cannot presume from such a silent record that appellant's failure to file written motions (other than boiler-plate motions) was knowing and voluntary. The case is therefore remanded for compliance with Rule 1123(c) and thereafter to permit appellant to file written post-verdict motions nunc pro tunc. Commonwealth v. Miller, 232 Pa. Super. 171, 335 A.2d 528 (1975); Commonwealth v. Dimitris, 231 Pa. Super. 469, 331 A.2d 701 (1974). Following the lower court's disposition of any further motions filed, either side shall be entitled to file a new appeal.

VAN der VOORT, J., dissents.

Use AI to get other relevant cases.

Comments

COM. v. WALSH
(Jun 29, 1977)