McCusker v. Commonwealth

Supreme Court of Pennsylvania

Decided September 21, 1977

Supreme Court of Pennsylvania · decided 1977-09-21

Relies on Commonwealth v. Tate

Good law ✅— No negative treatment on recordhow we know

Decided 1977-09-21

How this case has been cited

Cited by 31 later decisions — most recently June 1996 · most notably Commonwealth v. Davis (1980), Commonwealth v. Upsher (1982)

31 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 ORDER

PER CURIAM.

¶2 The record in the instant case reveals that appellant, Daniel J. McCusker, was not informed of his right to file post-verdict motions following the acceptance of his plea of nolo-contendere.

¶3 Therefore, judgment of the sentence is vacated and the case is remanded for the filing of post-verdict motions nunc pro tunc. See Pa.R.Crim.P. 1123(a), (b) and (c); Commonwealth v. Tate, 464 Pa. 25, 346 A.2d 1 (1975). Following disposition of said motions by the trial court, either side shall be entitled to file a new appeal.