Commonwealth v. Almodorar
20 A.3d 466
Pa.2011Background
- Pennsylvania Supreme Court granted allowance to review whether waiver occurred due to missing correct notes of testimony on appeal.
- Trial court found petitioner's counsel failed to forward the June 8, 2009 revocation hearing transcript; issue cited as waived.
- Record mis-transcripted by clerk with wrong case number; petition to supplement denied.
- Appellant sought merits review despite transcript issue; Superior Court affirmed waiver.
- Court held absence of correct transcript due to extraordinary breakdown in judicial process; remand to Superior Court for merits; vacated order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver was proper given transcript error | Almodovar | Commonwealth | Waiver not proper; extraordinary breakdown; merits review reinstated |
Key Cases Cited
- Commonwealth v. Williams, 552 Pa. 451, 715 A.2d 1101 (1998) (transcripts must be ordered; delays can waive issues but not when breakdown is extraordinary)
- Commonwealth v. Bongiorno, 905 A.2d 998 (Pa.Super. 2006) (counsel's efforts to verify record are reasonable and may support merits)
- Commonwealth v. Morgan, 469 Pa. 35, 364 A.2d 891 (1976) (trial courts supervise personnel to avoid record issues; extraordinary breakdown exception)
- Commonwealth v. Williams, 715 A.2d 1104 (Pa. 1998) (provision of procedures to avoid waiver; apply extraordinary breakdown rule)