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Com. v. Barge

Supreme Court of Pennsylvania, Eastern District
Dec 28, 1999
560 Pa. 179 (Pa. 1999)
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Summary

holding if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules, the claims will be deemed to have been waived

Summary of this case from Commonwealth v. Linder
See 7 Summaries

Opinion

No. 648 E.D. Alloc. Dkt. 1998.

December 28, 1999.

Petition for Allowance of Appeal from Order of the Superior Court.

ORDER

PER CURIAM

AND NOW, this 28th day of December 1999, the Petition for Allowance of Appeal is granted. The Order of the Superior Court is vacated and the matter is remanded to Superior Court for further proceedings, including remand to the common pleas court for evidentiary hearings if necessary, to determine the responsibility for the absence of transcripts from the record certified for appeal. If it is determined that the absence is attributable to the failure of Petitioner/Appellant to comply with the Rules of Appellate Procedure, the judgment of the Superior Court shall be reinstated. If it is determined that the absence is attributable to court personnel, Superior Court shall resolve on the merits the issue raised in the appeal, which was previously treated as waived. Cf. Commonwealth v. Williams, 715 A.2d 1101 (Pa. 1998). Jurisdiction relinquished.

Summaries of

Com. v. Barge

Supreme Court of Pennsylvania, Eastern District
Dec 28, 1999
560 Pa. 179 (Pa. 1999)

holding if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules, the claims will be deemed to have been waived

Summary of this case from Commonwealth v. Linder

holding if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules, the claims will be deemed to have been waived

Summary of this case from Commonwealth v. Bagley

holding that if documents are missing from the certified record because of a default by court personnel, an appellant is entitled to have his claims resolved on the merits, but, if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules, the claims will be deemed to have been waived

Summary of this case from Com. v. B.D.G

holding that if documents are missing from the certified record because of a default by court personnel, an appellant is entitled to have his claims resolved on the merits, but if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules. the claims will be deemed to have been waived

Summary of this case from Com. v. Preston

directing that if documents are missing from the certified record because of a default by court personnel, an appellant is entitled to have his claims resolved on the merits, but if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules, the claims will be deemed to have been waived

Summary of this case from Commonwealth v. Garland

directing that if documents are missing from the certified record because of a default by court personnel, an appellant is entitled to have his claims resolved on the merits, but if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules, the claims will be deemed to have been waived

Summary of this case from Commonwealth v. Burton

directing that if documents are missing from the certified record because of a default by court personnel, an appellant is entitled to have his claims resolved on the merits, but if the absence of the evidence is attributable to the appellant's failure to comply with the relevant procedural rules, the claims will be deemed to have been waived

Summary of this case from Com v. Bongiorno
Case details for

Com. v. Barge

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA, Respondent v. EARL BARGE, Petitioner

Court:Supreme Court of Pennsylvania, Eastern District

Date published: Dec 28, 1999

Citations

560 Pa. 179 (Pa. 1999)
743 A.2d 429

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