Walker rule in Pennsylvania

2022The “legal residuum” rule in administrative proceedings, often called the Walker rule in Pennsylvania, provides that “unobjected to hearsay evidence can be relied on to support a finding if it is corroborated by other competent evidence, while objected to hearsay evidence can never be relied on to support a finding.” Walker v. Unemployment Compensation Board of Review, 367 A.2d 366 , 370 (1976). (citations omitted).

2022The “legal residuum” rule in administrative proceedings, often called the Walker rule in Pennsylvania, provides that “unobjected to hearsay evidence can be relied on to support a finding if it is corroborated by other competent evidence, while objected to hearsay evidence can never be relied on to support a finding.” Walker v. Unemployment Compensation Board of Review, 367 A.2d 366 , 370 (1976). (citations omitted).

2022See Commonwealth v. Stansbury, 219 A.3d 157, 160 (Pa.Super. 2019) (declining to quash appeal for Walker violation due to breakdown in court operations where appellant filed one notice of appeal listing multiple trial court docket numbers, after court advised appellant that he had a right to file “a notice of appeal”).

2022See Young, 265 A.3d at 464-65 (concluding the exception to the Walker rule enunciated in Always Busy Consulting, LLC, “is not broad enough to encompass the present matter[,]” where the appeal arises from the prosecution of two defendants proceeding at multiple docket numbers for each defendant and where the trial court consolidated the docket numbers for trial purposes only);12 Always Busy Consulting, LLC, 247 A.3d at 1043 (distinguishing consolidated cases involving complete identity of parties and claims from Walker); Malanchuk, 137 A.3d at 1288 (requiring complete identity of parties and cl

2021Compare Creese, 216 A.3d at 1143 (finding Walker violation when court clerk accepted one notice of appeal for multiple dockets, time- -4- J-S16041-21 stamped and photocopied the document, and filed copies at each individual docket).

2021Compare Creese, 216 A.3d at 1143 (finding Walker violation when filing clerk accepted one notice of appeal for multiple dockets, time-stamped and photocopied the document, and filed copies at each individual docket).

2022In Commonwealth v. Walker, 185 A.3d 969, 976 (Pa. 2018), the Supreme Court held that when “one or more orders resolves issues arising on more than one docket or relating to more than one judgment, separate notices of appeals must be filed.” Because the Hudocks technically did not appeal two dockets in one appeal, we conclude that the Walker rule does not apply here. 8 Tinkey Cemetery filed its petition after the trial court’s confirmation of the decree nisi but before the appeal period had expired.

2022In Commonwealth v. Walker, 185 A.3d 969, 976 (Pa. 2018), the Supreme Court held that when “one or more orders resolves issues arising on more than one docket or relating to more than one judgment, separate notices of appeals must be filed.” Because the Hudocks technically did not appeal two dockets in one appeal, we conclude that the Walker rule does not apply here. 8 Tinkey Cemetery filed its petition after the trial court’s confirmation of the decree nisi but before the appeal period had expired.

2022See Larkin, 235 A.3d at 354 (finding breakdown in court operations and declining ____________________________________________ 3 The Pennsylvania Supreme Court overruled Walker, in part, in Commonwealth v. Young, 265 A.3d 462 , 477-78 (Pa. 2021) (reaffirming that Pa.R.A.P. 341 requires separate notices of appeal when a single order resolves issues under more than one docket, but holding Pa.R.A.P. 902 permits appellate courts to consider an appellant’s request to remedy a Walker violation when appellant timely files the notice of appeal). -4- J-S34020-22 to quash, where defendant was misinformed

2022See Larkin, 235 A.3d at 354 (finding breakdown in court operations and declining ____________________________________________ 3 The Pennsylvania Supreme Court overruled Walker, in part, in Commonwealth v. Young, 265 A.3d 462 , 477-78 (Pa. 2021) (reaffirming that Pa.R.A.P. 341 requires separate notices of appeal when a single order resolves issues under more than one docket, but holding Pa.R.A.P. 902 permits appellate courts to consider an appellant’s request to remedy a Walker violation when appellant timely files the notice of appeal). -4- J-S34020-22 to quash, where defendant was misinformed

2025Appeal Bd. (Armco Stainless & Alloy Prods.), 861 A.2d 938, 947 (Pa. 2004); Pa.R.E. 101 cmt. 18 Ives stated that the “strictures on the use of unobjected to hearsay are known as the ‘Walker rule.’” Ives, 204 A.3d at 574 (rejecting the agency’s invocation of Walker because the litigant had objected based on hearsay).

2025One hearsay exception provides that a “copy of a record authenticated as provided ‘Walker rule.’” Ives, 204 A.3d at 574 (rejecting the agency’s invocation of Walker because the litigant had objected based on hearsay).

2022See Walker, 92 A.3d at 773 .

2022See Walker, 92 A.3d at 773 .

2005See Campbell, 717 A.2d at 578 (IOD proceeding); Sweed v. City of Philadelphia, 687 A.2d 59, 62-63 (Pa.Cmwlth.1997) (reversing decision of Civil Service Commission in IOD proceeding, which was based on uncorroborated medical reports); Sammons, 673 A.2d at 1004 (reversing Commission’s decision in favor of employer that was based on uncorroborated hearsay); see also Rox Coal Co. v. Workers’ Compensation Appeal Board (Snizaski), 570 Pa.60, 807 A.2d 906, 914-15 (2002) (affirming con- elusion of Workers’ Compensation Appeal Board that Workers’ Compensation Judge’s finding violated Walker rule); A.Y.

2005As the majority notes, this Court has endorsed the application of the Walker rule in the administrative law setting, inter alia, in Rox Coal Co. v. WCAB (Snizaski), 570 Pa. 60, 75-76 , 807 A.2d 906, 914-15 (2002).

1998See McCray v. Workmen’s Compensation Appeal Board (Preschool Development Programs, Inc.), 167 Pa.Cmwlth. 402 , 648 A.2d 348 *1289 (1994), petition for allowance of appeal denied, 540 Pa. 608 , 655 A.2d 995 (1995).

1998See McCray v. Workmen’s Compensation Appeal Board (Preschool Development Programs, Inc.), 167 Pa.Cmwlth. 402 , 648 A.2d 348 *1289 (1994), petition for allowance of appeal denied, 540 Pa. 608 , 655 A.2d 995 (1995).

2019Joseph Hospital), 706 A.2d 1286, 1288 (Pa. Cmwlth. 1998).4 Dr. Gordon’s testimony regarding 4 This is an application of the so-called Walker rule on the use of hearsay evidence, which states: (1) Hearsay evidence, [p]roperly objected to, is not competent evidence to support a finding.... (2) Hearsay evidence, [a]dmitted without objection, will be given its natural probative effect and may support a finding ... [i]f it is corroborated by any competent evidence in the record, but a finding of fact based [s]olely on hearsay will not stand. 10 Claimant’s pre-existing degenerative disease and pain

2019Joseph Hospital), 706 A.2d 1286, 1288 (Pa. Cmwlth. 1998).4 Dr. Gordon’s testimony regarding 4 This is an application of the so-called Walker rule on the use of hearsay evidence, which states: (1) Hearsay evidence, [p]roperly objected to, is not competent evidence to support a finding.... (2) Hearsay evidence, [a]dmitted without objection, will be given its natural probative effect and may support a finding ... [i]f it is corroborated by any competent evidence in the record, but a finding of fact based [s]olely on hearsay will not stand. 10 Claimant’s pre-existing degenerative disease and pain

2026See Walker, 350 A.3d at 61; see also Woodard, 129 A.3d at 494 .

2026See Walker, 350 A.3d at 61; see also Woodard, 129 A.3d at 494 .

2026See Brief of Appellant, at 9-10. “[W]hen issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review, a court will not consider the merits thereof.” See Commonwealth v. Tchirkow, 160 A.3d 798, 804 (Pa. Super. 2017) (citation omitted).

2025Appeal Bd. (Armco Stainless & Alloy Prods.), 861 A.2d 938, 947 (Pa. 2004); Pa.R.E. 101 cmt. 18 Ives stated that the “strictures on the use of unobjected to hearsay are known as the ‘Walker rule.’” Ives, 204 A.3d at 574 (rejecting the agency’s invocation of Walker because the litigant had objected based on hearsay).

2022Accord Constantakis v. Bryan Advisory Services, ___ A.3d ___, 2022 PA Super 81 , *5 (filed May 5, 2022) (stating that the appellants “have failed to convince us the exception to Walker established in Always Busy … extends to this matter where there is no complete identity of parties and, thus, no consolidation of the underlying cases”) (citations omitted).9 Nevertheless, we need not quash Appellants’ appeals.

2022Accord Constantakis v. Bryan Advisory Services, ___ A.3d ___, 2022 PA Super 81 , *5 (filed May 5, 2022) (stating that the appellants “have failed to convince us the exception to Walker established in Always Busy … extends to this matter where there is no complete identity of parties and, thus, no consolidation of the underlying cases”) (citations omitted).9 Nevertheless, we need not quash Appellants’ appeals.

2022See Young, 265 A.3d at 464-65 (concluding the exception to the Walker rule enunciated in Always Busy Consulting, LLC, “is not broad enough to encompass the present matter[,]” where the appeal arises from the prosecution of two defendants proceeding at multiple docket numbers for each defendant and where the trial court consolidated the docket numbers for trial purposes only);12 Always Busy Consulting, LLC, 247 A.3d at 1043 (distinguishing consolidated cases involving complete identity of parties and claims from Walker); Malanchuk, 137 A.3d at 1288 (requiring complete identity of parties and cl

2022See Young, 265 A.3d at 464-65 (concluding the exception to the Walker rule enunciated in Always Busy Consulting, LLC, “is not broad enough to encompass the present matter[,]” where the appeal arises from the prosecution of two defendants proceeding at multiple docket numbers for each defendant and where the trial court consolidated the docket numbers for trial purposes only);12 Always Busy Consulting, LLC, 247 A.3d at 1043 (distinguishing consolidated cases involving complete identity of parties and claims from Walker); Malanchuk, 137 A.3d at 1288 (requiring complete identity of parties and cl

2022Indeed, Rule 902 “creates a preference for correcting procedurally defective, albeit timely, notices of appeal so that appellate courts may reach the merits of timely appeals.” Williams, supra at 588 (quoted with approval in Young, supra at 477)).

2022Indeed, Rule 902 “creates a preference for correcting procedurally defective, albeit timely, notices of appeal so that appellate courts may reach the merits of timely appeals.” Williams, supra at 588 (quoted with approval in Young, supra at 477)).

2020See Commonwealth v. Johnson, ___ A.3d ___, 2020 PA Super 164 , *8 (filed July 9, 2020) (en banc) (“[W]here a single defendant challenges his sentence relating to ‘more than one docket,’ Walker requires that defendant to file separate notices of appeal.” (citation omitted)); Commonwealth v. Larkin, ___ A.3d ___, 2020 PA Super 163 , *4 (filed July 9, 2020) (en banc) (same); Commonwealth v. Nichols, 208 A.3d 1087, 1089 (Pa. Super. 2019) (undertaking a Walker analysis where the appellant “filed a single notice of appeal with issues that relate to three different lower court docket numbers”).

2020See Commonwealth v. Johnson, ___ A.3d ___, 2020 PA Super 164 , *8 (filed July 9, 2020) (en banc) (“[W]here a single defendant challenges his sentence relating to ‘more than one docket,’ Walker requires that defendant to file separate notices of appeal.” (citation omitted)); Commonwealth v. Larkin, ___ A.3d ___, 2020 PA Super 163 , *4 (filed July 9, 2020) (en banc) (same); Commonwealth v. Nichols, 208 A.3d 1087, 1089 (Pa. Super. 2019) (undertaking a Walker analysis where the appellant “filed a single notice of appeal with issues that relate to three different lower court docket numbers”).

2020See Commonwealth v. Johnson, ___ A.3d ___, 2020 PA Super 164 , *8 (filed July 9, 2020) (en banc) (“[W]here a single defendant challenges his sentence relating to ‘more than one docket,’ Walker requires that defendant to file separate notices of appeal.” (citation omitted)); Commonwealth v. Larkin, ___ A.3d ___, 2020 PA Super 163 , *4 (filed July 9, 2020) (en banc) (same); Commonwealth v. Nichols, 208 A.3d 1087, 1089 (Pa. Super. 2019) (undertaking a Walker analysis where the appellant “filed a single notice of appeal with issues that relate to three different lower court docket numbers”).

2020See Commonwealth v. Johnson, ___ A.3d ___, 2020 PA Super 164 , *8 (filed July 9, 2020) (en banc) (“[W]here a single defendant challenges his sentence relating to ‘more than one docket,’ Walker requires that defendant to file separate notices of appeal.” (citation omitted)); Commonwealth v. Larkin, ___ A.3d ___, 2020 PA Super 163 , *4 (filed July 9, 2020) (en banc) (same); Commonwealth v. Nichols, 208 A.3d 1087, 1089 (Pa. Super. 2019) (undertaking a Walker analysis where the appellant “filed a single notice of appeal with issues that relate to three different lower court docket numbers”).

2019See Commonwealth v. Ritchey, 779 A.2d 1183, 1186 (Pa. Super. 2001) (“Appellant’s claims that the sentencing court provided insufficient reasons for the sentence imposed and focused solely on the seriousness of the offense raise substantial questions”).

2019See Commonwealth v. Pennington, 751 A.2d 212, 215 (Pa. Super. 2000) (stating that “[an appellant who] claims his sentence is excessive [] does not challenge its legality; rather, he challenges its discretionary aspects.”).

2019Likewise, the mistake in listing the Count number on the Information does not make it defective, where it clearly identifies the 4 We note that "[t]he elements of third-degree murder, as developed by case law, are a killing done with legal malice." Commonwealth v. Golphin, 161 A.3d 1009, 1018 (Pa. Super. 2017), appeal denied, 170 A.3d 1051 (Pa. 2017) (citation omitted). -6 J -S36032-19 crime as "Murder 3." Therefore, we agree with the PCRA court's conclusion that the circumstances surrounding Walker's claim have been known to him since he entered his plea.