# Commonwealth v. Widmer

> Superior Court of Pennsylvania · October 2, 1995 · 446 Pa. Super. 408

URL: https://www.frixlaw.com/law-library/cases/9763166

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Barry WIDMER, Jr., Appellant; COMMONWEALTH of Pennsylvania, Appellant, v. Barry WIDMER, Jr., Appellee
- **Court:** Superior Court of Pennsylvania
- **Decided:** October 2, 1995
- **Citations:** 446 Pa. Super. 408; 667 A.2d 215; 1995 Pa. Super. LEXIS 3176
- **Precedential status:** Published
- **Opinion:** Dissent by Cavanaugh
- **Judges:** Wieand, Cavanaugh, Wteand, Olszewski
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Commonwealth v. Widmer, 547 Pa. 137 (1997).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9763166

## Opinion text

CAVANAUGH, Judge,
dissenting:
While I do not disagree with the reasoning of the majority, I would favor an alternative, less orthodox, disposition of this appeal. I would do so in recognition of the following factors:
1. The instant verdict was rendered within months after the effective date of Pa.R.Crim.P. 1410 which provided for a new and radically different procedural methodology in handling post-verdict appeals.
2. In Pennsylvania weight of the evidence arguments are almost exclusively for the trial judge to decide, and are otherwise, as a practical matter, non-reviewable.
*433 3. The trial court has articulated in no uncertain terms, a declaration that, if properly presented, he would grant appellant a new trial on the claim that the jury verdict was against the weight of the evidence.
4. The appeal route taken by appellant’s counsel, while not involving waiver in the traditional sense, certainly is tantamount to waiver.
5. The efficiencies which inspired Rule 1410 were not intended to facilitate the de facto waiver of meritorious issues.
6. The present disposition is a script for an all but certain meritorious plea for post conviction collateral relief.
7. I agree with the majority disposition of the Commonwealth’s appeal.
Accordingly, I would vacate the sentence and remand this case for the resubmission of post-verdict motions nunc pro tunc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9763166. Public record. Not legal advice.