Com. v. Lord

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtNIGRO, Justice.
Citation553 Pa. 415,719 A.2d 306
PartiesCOMMONWEALTH of Pennsylvania, Appellee, v. Frank LORD, Appellant.
Decision Date28 October 1998

553 Pa. 415
719 A.2d 306

COMMONWEALTH of Pennsylvania, Appellee,
v.
Frank LORD, Appellant

Supreme Court of Pennsylvania.

Argued October 18, 1996.

Decided October 28, 1998.

Reargument Denied January 19, 1999.


Stanley M. Shingles, Blue Bell, for Frank Lord.

Dennis McAndrews, Wayne, William R. Toal, III, Media, for the Com.

553 Pa. 416
Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ

OPINION

NIGRO, Justice.

In this criminal case, the issue before the Court is whether Pa. R.Crim. P. 1410 precludes an appellate court from deeming an issue waived when an Appellant fails to raise that issue in his Statement of Matters Complained of on Appeal pursuant to Pa. R.A.P.1925(b).

In April of 1992, David Mucker, a narcotics detective, was working undercover in Jim's Bar in Norwood Borough. At that time, Mucker became associated with a woman named Maryann Goldy. Mucker purchased methamphetamine from Goldy on several different occasions. On some of these occasions, Goldy had the methamphetamine with her; other times, she made a phone call to procure it.

On one of these occasions, Mucker gave Goldy $340 for two "eightballs" of methamphetamine. Goldy then telephoned a man she referred to as "Frank." A short time later, Goldy met Appellant in the bar. The pair then left the bar and met outside. Two other detectives, who were parked in a van about fifty feet from the bar, observed as Goldy handed Appellant cash in exchange for an unidentifiable item. Forty-five seconds after this exchange, Goldy handed Mucker the methamphetamine.

Appellant was subsequently arrested and charged with possession of a controlled substance, delivery or possession with intent to deliver a controlled substance, possession of drug paraphernalia, and criminal conspiracy. On August 5, 1994, the jury returned a guilty verdict on the charges of delivery of a controlled substance and criminal conspiracy. Appellant filed a timely appeal and submitted a Statement of Matters Complained of on Appeal with the trial court pursuant to Pa. R.A.P.1925(b).

On appeal to the Superior Court, Appellant raised ten issues. The Superior Court addressed five of these issues, deeming the remaining five issues waived due to Appellant's failure to

553 Pa. 417
include them in the Statement of Matters Complained of on Appeal.1 The Superior Court explained that it considered the issues waived because "it is difficult to review a case adequately without a trial court opinion dealing with the issues. . . ." Super. Ct. Mem. Op. at 7

Appellant filed a Petition for Allowance of Appeal with this Court. We granted allocatur limited to the issue of whether Pa. R.Crim. P. 1410 precludes an appellate court from asserting the waiver of an appellate issue because that issue was omitted from the Statement of Matters Complained of on Appeal.

Pa. R.A.P.1925 provides, in pertinent part:

(a) General Rule. Upon receipt of the notice of appeal the judge who entered the order appealed from, if the reasons for the order do not already appear of record, shall forthwith file of record at least a brief statement, in the form of an opinion, of the reasons for the order, or for the rulings or other matters complained of, or shall specify in writing the place in the record where such reasons may be found. (b) Direction to file statement of matters complained of. The lower court forthwith may enter an order directing the appellant to file of record in the lower court and serve on the trial judge a concise statement of the matters complained of on the appeal no later than 14 days after entry of such order. A failure to comply with such direction may be
553 Pa. 418
considered by the appellate court as a waiver of all objections to the order, ruling or other matter complained of.

Pursuant to this rule, issues have been considered waived where no 1925(b) statement was filed or where an issue was not included in a filed statement. See, e.g., Commonwealth v. Phillips, ...

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609 practice notes
  • Lebar v. Thompson, CIVIL NO. 3:CV-08-0072
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • May 13, 2013
    ...The rule that an issue is waived if it is not raised in the Rule 1925(b) statement was definitively established in Commonwealth v. Lord, 553 Pa. 415,719 A.2d 306, 308 (Pa. 1998). This rule has been consistently applied since that time. Because the rule of waiver for failing to raise an issu......
  • Talbert v. Harry, 1:18-cv-0953
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • February 3, 2021
    ...(E.D. Pa. Apr. 24, 2019), quoting Griggs v. DiGuglielmo, No. 06-1512, 2007 WL 2007971, at *5 (E.D. Pa. July 3, 2007); Com. v. Lord, 719 A.2d 306 (1998) (finding issues not included in a Pa.R.A.P.1925(b) statement are deemed waived on appeal). Federal district courts in this district asPage ......
  • Romansky v. Folino, CIVIL NO. 1:CV-09-01472
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • March 1, 2017
    ...the appellantPage 98 aimed at compliance may satisfy the Rule. We yet again repeat the principle first stated in [Commonwealth v.] Lord, [719 A.2d 306 (Pa. 1998)] that must be applied here: "[I]n order to preserve their claims for appellate review, [a]ppellants must comply whenever the tria......
  • Commonwealth v. Baker, No. 2108 MDA 2009
    • United States
    • Superior Court of Pennsylvania
    • June 27, 2011
    ...failure to include claims in the court-ordered 1925(b) statement will result in a waiver of that issue on appeal. See Commonwealth v Lord, 553 Pa. 415, 420, 719 A.2d 306, 309 (1998); Pa. Pa.R.A.P., Rule 1925(b)(4)(vii)."). 12. This portion of the charge to the jury essentially mirrors the l......
  • Request a trial to view additional results
612 cases
  • Lebar v. Thompson, CIVIL NO. 3:CV-08-0072
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • May 13, 2013
    ...The rule that an issue is waived if it is not raised in the Rule 1925(b) statement was definitively established in Commonwealth v. Lord, 553 Pa. 415,719 A.2d 306, 308 (Pa. 1998). This rule has been consistently applied since that time. Because the rule of waiver for failing to raise an issu......
  • Talbert v. Harry, 1:18-cv-0953
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • February 3, 2021
    ...(E.D. Pa. Apr. 24, 2019), quoting Griggs v. DiGuglielmo, No. 06-1512, 2007 WL 2007971, at *5 (E.D. Pa. July 3, 2007); Com. v. Lord, 719 A.2d 306 (1998) (finding issues not included in a Pa.R.A.P.1925(b) statement are deemed waived on appeal). Federal district courts in this district asPage ......
  • Romansky v. Folino, CIVIL NO. 1:CV-09-01472
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • March 1, 2017
    ...the appellantPage 98 aimed at compliance may satisfy the Rule. We yet again repeat the principle first stated in [Commonwealth v.] Lord, [719 A.2d 306 (Pa. 1998)] that must be applied here: "[I]n order to preserve their claims for appellate review, [a]ppellants must comply whenever the......
  • Commonwealth v. Baker, No. 2108 MDA 2009
    • United States
    • Superior Court of Pennsylvania
    • June 27, 2011
    ...failure to include claims in the court-ordered 1925(b) statement will result in a waiver of that issue on appeal. See Commonwealth v Lord, 553 Pa. 415, 420, 719 A.2d 306, 309 (1998); Pa. Pa.R.A.P., Rule 1925(b)(4)(vii)."). 12. This portion of the charge to the jury essentially mirrors ......
  • Request a trial to view additional results

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