Commonwealth v. Smith, No. 493 EDA 2017, 2017 WL 4816913 (Pa. Super. Ct. Oct. 25, 2017)

Oct 25, 2017

OUTCOME: Trial Court reversed and remanded in favor of the Defendant

Appellant, Ms. Smith, appealed from an order denying her petition to appeal nunc pro tunc from her summary conviction in magisterial district justice court for disorderly conduct. The sole issue on app ... eal was whether the Pike County Court of Common Pleas (“trial court”) abused its discretion in denying Appellant leave to appeal nunc pro tunc. The Superior Court reversed and remanded on the basis that if her conviction would stand then she would be without remedy.