Commonwealth v. Brinson, C.
This text of Commonwealth v. Brinson, C. (Commonwealth v. Brinson, C.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 71 EM 2020 : Respondent : : : v. : : : CURTIS BRINSON, : : Petitioner :
ORDER
PER CURIAM
AND NOW, this 21st day of December, 2020, in consideration of the “Motion for
Appointment of Counsel,” this matter is REMANDED to the Court of Common Pleas of
Philadelphia County.
Norris Gelman, Esquire, had been representing Petitioner, apparently on a pro
bono basis, with respect to Petitioner’s first PCRA petition. Attorney Gelman died during
the pendency of Petitioner’s appeal before the Superior Court.
An indigent petitioner is entitled to appointment of counsel on his or her first PCRA
petition; such appointment continues through allocatur review. See Pa.R.Crim.P. 907(C),
(F)(2). On remand, the Court of Common Pleas of Philadelphia County is ORDERED to
adjudicate Petitioner’s request for appointment of counsel to represent him on allocatur
review. The Court of Common Pleas of Philadelphia County is ORDERED to enter its
order regarding this remand within 90 days and to notify this Court promptly of its
determination.
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