Commonwealth v. Hitson

ROBERTS, Justice,

concurring.

The opinion of Mr. Justice Larsen rejects appellant’s claim that his inculpatory statement to police was the product of unnecessary delay, but never considers whether appellant properly preserved the issue for appellate review. In Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975), we cautioned persons moving for post-verdict relief that our Court would no longer excuse failure to comply with Pa.R. Crim.Proc. 1123(a) (“only those issues raised and the grounds relied upon in the motions may be argued”). I remain of the view expressed in Commonwealth v. Roach, 477 Pa. 379, 381, 383 A.2d 1257, 1258 (1978) (Roberts, J., concurring), that Blair must be given effect beginning March 1,1975, the date of Blair's publication in the Atlantic Second advance sheets. “[I]t would be unfair to impose upon [a person seeking post-verdict relief] a decision of which he could not be aware.” Id., 477 Pa. at 381, 383 A.2d at 1258. Appellant, however, filed boilerplate post-verdict motions on February 13, 1976, eleven months after Blair's publication. Because appellant’s boilerplate post-verdict motions did not raise the issue of unnecessary delay, I would hold that appellant did not properly preserve this issue for appellate review.

NIX, J., joins in this concurring opinion.