Commonwealth v. Fortson, T. Jr., Pet of Smith, Esq
This text of Commonwealth v. Fortson, T. Jr., Pet of Smith, Esq (Commonwealth v. Fortson, T. Jr., Pet of Smith, Esq) 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 MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA : No. 24 MM 2023 : : v. : : : TERRY LEE FORTSON JR. : : : PETITION OF: ASHLEY E. SMITH, : ESQUIRE :
ORDER
PER CURIAM
AND NOW, this 1st day of June, 2023, upon consideration of the Application for
Leave to Withdraw as Counsel, this matter is REMANDED to the Court of Common Pleas
of Juniata County to determine whether to grant Attorney Ashley E. Smith leave to
withdraw. In the event the court permits Attorney Smith to withdraw, the court is to resolve
any other related questions, including whether to appoint new counsel or to permit Terry
Lee Fortson Jr. to proceed pro se.
The Court of Common Pleas of Juniata County is DIRECTED to enter its order on
remand within 90 days and to promptly notify this Court of its determination.
Attorney Smith is reminded that counsel’s duty of representation continues through
allocatur review and precludes counsel from withdrawing absent leave of court. See
Pa.R.Crim.P. 120 and 122.
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