Supreme Court of Pennsylvania, 1977

McCusker v. Commonwealth

McCusker v. Commonwealth
Supreme Court of Pennsylvania · Decided September 21, 1977 · Per Curiam
402 A.2d 500; 485 Pa. 313; 1977 Pa. LEXIS 959 (Atlantic Reporter, Second Series)

McCusker v. Commonwealth

Opinion

ORDER

PER CURIAM.

The record in the instant case reveals that appellant, Daniel J. McCusker, was not informed of his right to file post-verdict motions following the acceptance of his plea of nolo-contendere.

Therefore, judgment of the sentence is vacated and the case is remanded for the filing of post-verdict motions nunc pro tunc. See Pa.R.Crim.P. 1123(a), (b) and (c); Commonwealth v. Tate, 464 Pa. 25, 346 A.2d 1 (1975). Following disposition of said motions by the trial court, either side shall be entitled to file a new appeal.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.