The state Superior Court has ruled that a defendant’s appeal has been waived because its statement of errors was filed three days late, even though it had been accepted by the trial court.
A unanimous en banc Superior Court panel agreed March 11 to toss the defendant’s appeal in Greater Erie Industrial Development v. Presque Isle Downs. The panel held that while the courts had previously granted exceptions to the timeliness rule if the statement was accepted by a trial court, that timeliness exception was rejected by the state Supreme Court’s 2005 decision in Commonwealth v. Castillo, because it could lead to inconsistencies depending on whether the trial court accepted the statement or not.
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