Commonwealth v. Murphy
Commonwealth v. Murphy
969 A.2d 1182; 600 Pa. 637; 2009 Pa. LEXIS 653
(Atlantic Reporter, Second Series)
Commonwealth v. Murphy
Opinion
ORDER
AND NOW, this 23rd day of April 2009, the Petition for Allowance of Appeal is GRANTED and the Superior Court’s decision, addressing an issue neither raised nor briefed by the parties, is VACATED. Further, the matter is REMANDED to the Superior Court to consider only those issues raised by Respondent and properly preserved for appeal. See Wiegand v. Wiegand, 461 Pa. 482, 337 A.2d 256, 258 (1975)(holding that *638 the Superior Court cannot consider, sua sponte, issues not raised and litigated in the court below).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.