It is no secret that some Pennsylvania attorneys have viewed the state Superior Court as having an itchy trigger finger when it comes to using waiver to shoot down appeals.
As appellate specialist Howard J. Bashman put it: "It seems to be the view of many people" who appear before the Superior Court that panels are "willing to invoke waiver whenever it seems to be available" to avoid the merits of the arguments and dispose of appeals as efficiently as possible.
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