# Commonwealth v. Brown

> Superior Court of Pennsylvania · May 16, 1980 · 277 Pa. Super. 316

URL: https://www.frixlaw.com/law-library/cases/6299441

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Terry Lee BROWN
- **Court:** Superior Court of Pennsylvania
- **Decided:** May 16, 1980
- **Citations:** 277 Pa. Super. 316; 419 A.2d 790; 1980 Pa. Super. LEXIS 2563
- **Precedential status:** Published
- **Opinion:** Concurrence by Spaeth
- **Judges:** Cavanaugh, Files, Hester, Spaeth
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6299441

## Opinion text

SPAETH, Judge,
concurring:
I agree with the majority that appellant did not voluntarily and knowingly waive his right to file post-verdict motions and so should be permitted to file them nunc pro tune. However, I do not agree with the majority that Pa.R. Crim.P. 1123(b) requires a special warning not required by Pa.R.Crim.P. 1123(c). If before accepting the defendant’s waiver of his right to file post-verdict motions the trial judge advises the defendant pursuant to Pa.R.Crim.P. 1123(c), that is sufficient.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6299441. Public record. Not legal advice.