Commonwealth v. Barge

Supreme Court of Pennsylvania

Decided December 28, 1999

Supreme Court of Pennsylvania · decided 1999-12-28

Cited by 14 later decisions — most recently February 2019

14 state decisions

Key passage — most relied on by later courts

“the absence [of the document] is attributable to court personnel, [the] Superior Court shall resolve on the merits the issue raised in the appeal.”

quoted by 1 later decision, including Commonwealth v. Maddrey

Relies on Commonwealth v. Williams

Good law ✅— No negative treatment on recordhow we know

Decided 1999-12-28

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¶1 ORDER

PER CURIAM.

¶2 AND NOW, this 28th day of December 1999, the Petition for Allowance of Appeal is granted. The Order of the Superi- or 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, 552 Pa. 451, 715 A.2d 1101 (1998). Jurisdiction relinquished.