458 Pa. 324 | Pa. | 1974
Opinion by
Appellant, Clinton Coleman, was indicted for the murder of Claude Thomas, the three-year-old son of a
Appellant contends that the lower court erred in denying his suppression motion, and also challenges the sufficiency of the evidence to sustain his conviction. We will not pass on these contentions, for we are of the opinion that appellant has waived his right to have them reviewed. As a general rale, issues not raised in support of post-verdict motions will not be considered on appeal, Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974); Commonwealth v. Bittner, 441 Pa. 216, 221, 272 A.2d 484 (1971), and appellant has voluntarily relinquished his opportunity to file such motions.
Post-verdict motions serve the dual function of allowing the trial court to rectify errors which may have been committed at trial, and of framing and clarifying the issues to be considered should there be an appeal. Because such motions are a critical step in the post-conviction review process, we will scrutinize closely any waiver of the right to file them in order to ensure that the defendant has acted voluntarily and with a full
In the case at bar, appellant does not dispute what plainly appears from the record: his decision not to file post-verdict motions was a deliberate, intelligent and voluntary act.
The following colloquy occurred after the court announced its verdict: “The Court: Mr. Penn [attorney for the defendant], you will have an opportunity or do you wish an opportunity to file motions for new trial or motions in arrest of judgment? Mr. Penn : May I consult with my client for a moment? The Court: Yes. (Mr. Penn confers with the defendant.) Mr. Penn: Your Honor, I have discussed this matter with my client and we do not desire to file any motions in arrest of judgment or for a new trial. . . . Mr. Boland [assistant district attorney]: Your Honor, I wonder if I could impose upon Mr. Penn to inform his client that by waiving post-trial motions certain rights may be surrendered and have that on the record. The Court: You know you have a right to file a motion for a new trial within seven days and that your counsel can also request additional time to perfect the motion after the seven days. The Defendant: Yes, Your Honor. The Court: Mr. Penn has spoken to you in regard to filing motions for a new trial; is that correct? The Defendant: Yes, Sir, it is. The Court : And you have indicated to him that you do not wish to file any such motions? The Defendant: That’s correct, sir. The Court: Do I understand that your desire not to file the mo
Our decision today is not inconsistent with Commonwealth v. Blum, 210 Pa. Superior Ct 529, 233 A.2d 613 (1967), where the
Since the date of the Blum decision and the date of sentencing in the ease at bar, Pennsylvania Rule of Criminal Procedure 1123 has been amended to provide that a waiver of post-verdict motions may become irrevocable before the expiration of the seven-day period following the verdict.