Cassetty v. Commonwealth

OPINION OF THE COURT BY

JUSTICE NOBLE

This case presents a single question: Does a notice of appeal naming only an order denying a recusal motion and not the final judgment substantially comply with the requirements of the Civil Rules so as to invoke the Court of Appeals’ jurisdiction and avoid dismissal of the' appeal? This Court concludes that it does not.

I. Background

In 2011, the Appellant, Tracey Cassetty, was charged with felony theft by unlawful taking. He appeared before Judge Tyler Gill and entered into a diversion agreement with several conditions, including his entering a guilty plea…