Commonwealth v. Almodorar

AND NOW, this 18th day of April 2011, the Petition for Allowance of Appeal is GRANTED. The issue, as phrased by petitioner, is:

Whether the Superior Court panel erred in finding that the issue raised by [petitioner] on direct appeal was waived?

Petitioner claims that the Superior Court erred in upholding the trial court’s decision that he was at fault for the absence of the correct notes of testimony in the record forwarded to the Superior Court on appeal, and in finding the issue he raised on the merits waived as a result. The trial court had determined that petitioner’s counsel “failed to…