Commonwealth v. Esser

Superior Court of Pennsylvania

Commonwealth v. Esser

307 A.2d 362, 224 Pa. Super. 539, 1973 Pa. Super. LEXIS 1952

CourtSuperior Court of Pennsylvania

DecidedJune 14, 1973

DocketAppeal, No. 297

StatusPublished

This text of 307 A.2d 362 (Commonwealth v. Esser) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Esser, 307 A.2d 362, 224 Pa. Super. 539, 1973 Pa. Super. LEXIS 1952 (Pa. Ct. App. 1973).

Pincite

Opinion

Per Curiam,

Although the appellant has proceeded in propria persona in this appeal from the denial of his Post Conviction Hearing Act¹ petition, after becoming dissatis[540]*540fied with the sufficiency of Ms court-appointed attorney’s representation, the record as presently constituted does not permit a determination as to whether he has intelligently and understandingly waived Ms right to free and competent appellate counsel in these proceedings. Consequently, the case is remanded to the Court of Common Plas of Luzerne County for a determination, by hearing or otherwise, of that issue and for such action as may he required to protect appellant’s right to competent and expeditious representation on appeal. Commonwealth v. Cooney, 439 Pa. 324, 266 A. 2d 650 (1970).

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Opinion

Per Curiam,

Although the appellant has proceeded in propria persona in this appeal from the denial of his Post Conviction Hearing Act¹ petition, after becoming dissatis[540]*540fied with the sufficiency of Ms court-appointed attorney’s representation, the record as presently constituted does not permit a determination as to whether he has intelligently and understandingly waived Ms right to free and competent appellate counsel in these proceedings. Consequently, the case is remanded to the Court of Common Plas of Luzerne County for a determination, by hearing or otherwise, of that issue and for such action as may he required to protect appellant’s right to competent and expeditious representation on appeal. Commonwealth v. Cooney, 439 Pa. 324, 266 A. 2d 650 (1970).

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Bluebook (online)

307 A.2d 362, 224 Pa. Super. 539, 1973 Pa. Super. LEXIS 1952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-esser-pasuperct-1973.

Opinion

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