Commonwealth v. Castillo

Decision Date24 August 2004
Citation858 A.2d 1156,580 Pa. 3
PartiesCOMMONWEALTH of Pennsylvania, Petitioner v. Hector CASTILLO, Respondent.
CourtPennsylvania Supreme Court
ORDER

PER CURIAM.

AND NOW, this 24th day of August, 2004, the Petition for Allowance of Appeal is GRANTED. The Prothonotary is ordered to consolidate this case and 593 EAL 2003, and the parties are directed to brief the following issue:

Should this Court reconsider its decisions in Commonwealth v. Lord, 553 Pa. 415, 719 A.2d 306 (1998), and Commonwealth v. Butler, 571 Pa. 441, 812 A.2d 631 (2002), so as to allow discretion in the intermediate appellate courts to review an issue that was not raised in a timely statement of matters complained of on appeal under Pa.R.A.P. 1925(b); if so, what standards should be imposed to guide such discretion?

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4 cases
  • Commonwealth of Pa. v. Hill
    • United States
    • Pennsylvania Supreme Court
    • March 11, 2011
    ...have the discretion to review an issue that was not raised in a timely and properly filed Rule 1925(b) statement. Commonwealth v. Castillo, 580 Pa. 3, 858 A.2d 1156 (2004); Commonwealth v. Schofield, 580 Pa. 4, 858 A.2d 1157 (2004). In Castillo, the appellant did not file his Rule 1925(b) s......
  • Com. v. Castillo
    • United States
    • Pennsylvania Supreme Court
    • December 29, 2005
    ...complained of on appeal under Pa.R.A.P.1925(b);1 if so, what standards should be imposed to guide such discretion. Commonwealth v. Castillo, 580 Pa. 3, 858 A.2d 1156 (2004). We now reaffirm the bright-line rule of Lord and Butler, reversing the Superior Court, which addressed an issue raise......
  • Commonwealth Of Pa. v. Hill
    • United States
    • Pennsylvania Supreme Court
    • March 11, 2011
    ... ... See Gravely , Page 13 970 A.2d at 1141. Therefore, in Commonwealth v. Castillo , 888 A.2d 775 (Pa. 2005), and its companion case, Commonwealth v. Schofield , 888 A.2d 771 (Pa. 2005), we granted allocatur to reconsider our decisions in Lord and Butler as to whether the lower courts should have the discretion to review an issue that was not raised in a timely and properly ... ...
  • Com. v. Schofield
    • United States
    • Pennsylvania Supreme Court
    • December 29, 2005
    ...review of this case, Commonwealth v. Schofield, 580 Pa. 4, 858 A.2d 1157 (2004), consolidated it with our review of Commonwealth v. Castillo, 580 Pa. 3, 858 A.2d 1156 (2004), and directed the parties to address the following Should this Court reconsider its decisions in Commonwealth v. Lord......

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