Commonwealth v. Deemer

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The issue in this case is whether a trial court may properly deny a defendant’s motion to file post-trial motions nunc pro tunc when the defendant has willfully and purposely become a fugitive during proceedings before the trial court and before post-trial proceedings have begun.

Deemer was convicted of retail theft, fifth offense, on February 8, 1994. He was present for the trial, but failed to return to court when the jury announced its verdict. He also failed to appear for a scheduled post-verdict presentence investigation appointment. The court…