Commonwealth v. Lewis, W.

• Court: Supreme Court of Pennsylvania
• Decided: February 10, 2023
• Docket: 85 MM 2022
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 85 MM 2022 : Respondent : : : v. : : : WILLIAM LEWIS, : : Petitioner :

ORDER

PER CURIAM

AND NOW, this 10th day of February, 2023, the Petition for Leave to File Petition

for Allowance of Appeal Nunc Pro Tunc is GRANTED.

It appears that Attorney Kathleen J. Boyer, who was Petitioner’s court-appointed

counsel, abandoned Petitioner. See Pa.R.Crim.P. 120(B)(1) (indicating that counsel may

not withdraw absent leave of court); Pa.R.Crim.P. 904(F)(2) (providing that, when counsel

is appointed in a PCRA matter, representation continues through all avenues of appeal,

including allocatur review).

This matter is REMANDED to the Court of Common Pleas of Chester County to

determine whether Petitioner is entitled to appointment of new counsel or whether to

permit Petitioner to proceed pro se. See Pa.R.Crim.P. 904(F)(2); see also

Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (in the context of a collateral attack

against a sentence, explaining that an on-the-record determination must be made as to

whether a defendant’s request to proceed pro se is knowing, intelligent, and voluntary). The Court of Common Pleas of Chester County is DIRECTED to enter its order

on remand within 90 days and to notify this Court promptly of its determination.

The Prothonotary is DIRECTED to serve this order on Attorney Boyer.

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