Commonwealth v. Young

Superior Court of Pennsylvania

Commonwealth v. Young

370 A.2d 1221, 246 Pa. Super. 340, 1977 Pa. Super. LEXIS 1938

CourtSuperior Court of Pennsylvania

DecidedMarch 3, 1977

DocketNo. 1692

StatusPublished

Cited by1 cases

This text of 370 A.2d 1221 (Commonwealth v. Young) 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. Young, 370 A.2d 1221, 246 Pa. Super. 340, 1977 Pa. Super. LEXIS 1938 (Pa. Ct. App. 1977).

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Opinion

PER CURIAM:

This case is remanded for completion of the record by inclusion of a transcript of the testimony at the March 11, 1975, hearing on appellant’s petition for post-conviction relief.

On remand, the hearing judge shall make a finding on whether appellant’s claims are moot, and also on whether appellant was denied his right to appeal from his 1950 convictions. If the judge determines either that the claims are moot or that appellant was not denied his right to appeal, he shall deny relief. However, if he determines that the claims are not moot and that appellant was denied his right to appeal, he shall grant appellant the right to file post-trial motions nunc pro tunc. See Commonwealth v. Westbrook, 245 Pa.Super. 174, 369 A. 2d 350 (1976).

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PER CURIAM:

This case is remanded for completion of the record by inclusion of a transcript of the testimony at the March 11, 1975, hearing on appellant’s petition for post-conviction relief.

On remand, the hearing judge shall make a finding on whether appellant’s claims are moot, and also on whether appellant was denied his right to appeal from his 1950 convictions. If the judge determines either that the claims are moot or that appellant was not denied his right to appeal, he shall deny relief. However, if he determines that the claims are not moot and that appellant was denied his right to appeal, he shall grant appellant the right to file post-trial motions nunc pro tunc. See Commonwealth v. Westbrook, 245 Pa.Super. 174, 369 A. 2d 350 (1976).

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Bluebook (online)

370 A.2d 1221, 246 Pa. Super. 340, 1977 Pa. Super. LEXIS 1938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-young-pasuperct-1977.

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