74 PACOMMW 388 - Perry v. Commonwealth

How this case has been cited

Cited by 33 later decisions — most recently June 2025 · most notably Commonwealth v. Stock (1996), Criss v. Wise (2001)

33 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.

¶1Concurring and Dissenting Opinion by

Judge MacPhaxl :

¶2While I concur in the result reached by the majority on the merits, I must respectfully dissent to that part of the majority opinion which denies the motion to quash.

¶3I think that the facts here are clearly distinguishable from those in Bass v. Commonwealth, 485 Pa. 256, 401 A.2d 1133 (1979) and that the decision in Bassshould not be extended beyond the circumstances of that case. I note that the concurring opinion by Justice Nix in Basscarefully points out that the decision reached in that case is not a revision of the accepted standards normally applied to an appeal untimely filed. The application of those standards to the instant case, in my opinion, would compel us to grant the motion to quash. Counsel who waits until the last day to file an appeal should be held accountable if his law clerk’s automobile breaks down on the way to the post office.