Wednesday, April 05, 2006

appeals - PRAP 1925(b) - Concise Statement of Matters Complained of on Appeal

Commonwealth v. Holtzapfel - Commonwealth Court - April 4, 2006

http://www.courts.state.pa.us/OpPosting/CWealth/out/1735CD05_4-4-06.pdf

Citing Commonwealth v. Castillo, 888 A2d 775 (Pa. 2005) and Commonwealth v. Schofield, 888 A2d 771 (Pa. 2005), the court held that there is a "bright-line rule" that requires timely filing of Concise Statement of Matters Compaint of on Appeal under PRAP 1925(b). The result of a failure to timely file such a Statement is a waiver of any issues that could be complained of on appeal.

The rule requires that a Statement be filed within 14 days of the direction of the trial court to file such a statement. In this case, appellant filed a statement but not until about 35 days after the order.

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