Commonwealth v. Cowie

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rule 30[b] “fully accords with due process as a remedy for the defendant’s frustrated right of appeal”
• trial judge “lacked authority to enlarge the filing period” for prosecuting appeal where no action taken for almost two years
• motion for new trial “acceptable alternative” to direct appeal that has been dismissed because of a counsel’s noncompliance with rules of appellate procedure
• “[tjhese rules which impose a limitation on the time allowable for pursuing an appeal are unquestionably reasonable in light of the Commonwealth’s legitimate interest in having judgments become final”
• Commonwealth did not stipulate that counsel's actions constituted ineffective assistance; defendant required to proceed with motion for new trial in first instance, which would permit that issue, among others, to be fleshed out
• failure to file notice of appeal results in loss of right to direct appeal

Source: CourtListener parenthetical corpus (CC0).