[Download] "Commonwealth Pennsylvania v. Ralph A. Yohe" by Superior Court of Pennsylvania * eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Ralph A. Yohe
- Author : Superior Court of Pennsylvania
- Release Date : January 17, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
OPINION BY ROWLEY, P.J.: The Commonwealth has appealed from a trial court order permitting Ralph A. Yohe (hereinafter "appellee") leave to appeal
his summary speeding conviction to the trial court nunc pro tunc. The Commonwealth contends that the trial court abused its
discretion and erred as a matter of law in granting the instant petition because appellee is not entitled to nunc pro tunc
relief inasmuch as he has not met his burden of demonstrating that fraud or a breakdown in the judicial system was the cause
of his failure to file a timely appeal. Having carefully considered this claim, we vacate the trial court's order of January
5, 1993 and remand this matter to the trial court for an evidentiary hearing.
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