Can the Issues of An Appellant Be Waived If He Delays In Filing the Statement Requested by the Court ?
In Commonwealth v. Overby, 2000 PA Super 3, 744 A.2d 797, 2000 WL 10228 (Pa.Super. 2000), the trial court requested a Rule 1925(b) statement, but appellant neglected to file the statement until five months after the request. Overby, 2000 PA Super 3.
In the meantime, the trial court drafted a statement suggesting that this Court should find appellant's issues waived. See id.
Judge Cavanaugh, agreeing with the trial court, strictly interpreted the language of Lord and found appellant's issues waived. See id.