Com. v. Moyer, D. ( 2020 )

J-S25028-20
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
DONALD A. MOYER :
:
Appellant : No. 1719 MDA 2019
Appeal from the Judgment of Sentence Entered September 3, 2019
In the Court of Common Pleas of Lancaster County Criminal Division at
No(s): CP-36-CR-0007246-2018
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
DONALD A. MOYER :
:
Appellant : No. 1720 MDA 2019
Appeal from the Judgment of Sentence Entered September 3, 2019
In the Court of Common Pleas of Lancaster County Criminal Division at
No(s): CP-36-CR-0005478-2017
BEFORE: LAZARUS, J., DUBOW, J., and KING, J.
JUDGMENT ORDER BY DUBOW, J.: FILED AUGUST 05, 2020
In this consolidated appeal, Appellant, Donald Moyer, appealed from the
Judgment of Sentence entered after a jury convicted him of 25 offenses
relating to physical and sexual abuse that he perpetrated against four of his
minor children. Appellant died on May 31, 2020. Suggestion of Death,
6/17/20. We dismiss this appeal.
J-S25028-20
Pennsylvania Rule of Appellate Procedure 502 provides this Court with
wide discretion to dispose of an appeal when the appellant dies while a matter
is pending in the Court, and no representative has applied to be substituted
as a party on behalf of the deceased. Pa.R.A.P. 502(a). Dismissal is
appropriate where (1) the interests of justice are not markedly implicated in
the matter; (2) the appeal does not present any novel legal issues of import
to society generally; and (3) no party has asked this Court to decide the appeal
notwithstanding the appellant’s death. Commonwealth v. Beaudoin, 182
A.3d 1009, 1010 (Pa. Super. 2018).
On June 24, 2020, this Court issued a Rule to Show Cause as to why
this Court should not dismiss the instant appeal due to Appellant’s death. The
Commonwealth and Appellant’s counsel timely filed responses, with neither
providing a reason why this Court should not dismiss the appeal. See Appellee
Response to Rule to Show Cause, 6/26/20; Appellant Response to Rule to
Show Cause, 7/1/20. In addition, no representative has applied to be
substituted as a party on behalf of the deceased.
Based on our review, we conclude that this appeal does not markedly
implicate the interests of justice or present novel legal issues of import to
society generally. As no one on behalf of either party has sought to pursue
this appeal, and in the interest of judicial economy, we dismiss this appeal.
Appeal dismissed.
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J-S25028-20
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 08/05/2020
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