2000 Pa. Super. 3 - Commonwealth v. Overby’s Empirical Analysis

Citation profile

19 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In [Commonwealth ] v. Lord, 553 Pa. 415 , 719 A.2d 306 (1998), the supreme court held that from October 28, 1998, forward, in order to preserve claims for appellate review, an appellant must comply whenever the trial court orders the filing of a statement of matters complained of on appeal pursuant to Pa. R.A.P.1925. “Any issues not raised in a 1925(b) statement will be deemed waived.” Id. 553 Pa. at 420 , 719 A.2d at 309 . Counsel failed to file a 1925(b) statement within 14 days, or, indeed, prior to the lower court’s memorandum opinion on March 25, 1999. The requested statement was filed with the lower court on April 16, 1999, and transmitted to this court on the same day. The trial court never had the opportunity to address the issues raised on appeal since it did not have the benefit of the statement. In Lord , the supreme court noted the importance of Rule 1925 in the appellate process. It is intended as an aid to trial judges in identifying and focusing upon those issues which the parties plan to raise on appeal. Id. 553 Pa. at 419 , 719 A.2d at 308 . By the late filing of the statement, only after the lower court had transmitted its opinion and the rest of the record to this court, appellant has ignored the crucial role of Rule 1925 in the appellate process. We conclude, therefore, that no issues have been preserved for appellate review.”

   1 later decision quote this exact passage
   e.g. 2000 Pa. Super. 197 - Commonwealth v. Kimble