Commonwealth v. Walsh

Superior Court of Pennsylvania

Commonwealth v. Walsh

375 A.2d 198, 248 Pa. Super. 479, 1977 Pa. Super. LEXIS 2052

CourtSuperior Court of Pennsylvania

DecidedJune 29, 1977

Docket1116

StatusPublished

Cited by5 cases

This text of 375 A.2d 198 (Commonwealth v. Walsh) is published on Counsel Stack Legal Research, covering Superior 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. Walsh, 375 A.2d 198, 248 Pa. Super. 479, 1977 Pa. Super. LEXIS 2052 (Pa. Ct. App. 1977).

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Opinion

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 *481 (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.

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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 *481 (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.

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375 A.2d 198, 248 Pa. Super. 479, 1977 Pa. Super. LEXIS 2052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-walsh-pasuperct-1977.

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