Commonwealth v. Henry, P., III

• Court: Supreme Court of Pennsylvania
• Decided: June 27, 2023
• Docket: 27 MM 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 27 MM 2023 : Respondent : : : v. : : : PAUL JACKSON HENRY, III, : : Petitioner :

ORDER

PER CURIAM

AND NOW, this 27th day of June, 2023, in consideration of the Petition for Leave

to File Petition for Allowance of Appeal Nunc Pro Tunc, this matter is REMANDED to the

Court of Common Pleas of York County to determine whether Petitioner’s allocatur rights

should be reinstated nunc pro tunc. See Pa.R.A.P. 1113(d) (with respect to a request for

reinstatement of allocatur rights, providing that, “[i]f the Court cannot determine whether

nunc pro tunc relief is appropriate from the information provided, the Court may remand

to the trial court for factual findings”).

In the event Petitioner’s allocatur rights are reinstated, the Court of Common Pleas

of York County is to resolve related issues, including whether to appoint counsel for

purposes of allocatur review or to permit Petitioner to proceed pro se. See Pa.R.Crim.P.

122(B)(2) and Comment (specifying that the duty of representation continues through

review in the Pennsylvania Supreme Court); see also Commonwealth v. Grazier, 713

A.2d 81 (Pa. 1998) (explaining that an on-the-record determination must be made as to whether a criminal defendant’s request to proceed pro se is knowing, intelligent, and

voluntary).

The Court of Common Pleas of York County is to enter its order within 90 days

and to promptly inform this Court of its determination.

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