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Commonwealth v. Murphy

969 A.2d 1182, 600 Pa. 637, 2009 Pa. LEXIS 653
CourtSupreme Court of Pennsylvania
DecidedApril 23, 2009
Docket563 EAL 2008
StatusPublished
Cited by1 cases

This text of 969 A.2d 1182 (Commonwealth v. Murphy) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Murphy, 969 A.2d 1182, 600 Pa. 637, 2009 Pa. LEXIS 653 (Pa. 2009).

Opinion

ORDER

PER CURIAM.

AND NOW, this 23rd day of April 2009, the Petition for Allowance of Appeal is GRANTED and the Superior Court’s decision, addressing an issue neither raised nor briefed by the parties, is VACATED. Further, the matter is REMANDED to the Superior Court to consider only those issues raised by Respondent and properly preserved for appeal. See Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256, 258 (1975)(holding that *638 the Superior Court cannot consider, sua sponte, issues not raised and litigated in the court below).

Justice GREENSPAN did not participate in the consideration or decision of this matter.

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Related

Spells v. Unemployment Compensation Board of Review
969 A.2d 1182 (Supreme Court of Pennsylvania, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
969 A.2d 1182, 600 Pa. 637, 2009 Pa. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-murphy-pa-2009.