Commonwealth v. Lynch, J., Pet of: Cornish, Esq.
This text of Commonwealth v. Lynch, J., Pet of: Cornish, Esq. (Commonwealth v. Lynch, J., Pet of: Cornish, 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 EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA : Nos. 53 and 54 EM 2021 : v. : : JOHN LYNCH : : : PETITION OF: D. WESLEY CORNISH, : ESQUIRE :
ORDER
PER CURIAM
AND NOW, this 19th day of November, 2021, in consideration of the Motion to
Withdraw, this matter is REMANDED to the Court of Common Pleas of Philadelphia
County for that court to determine whether Attorney D. Wesley Cornish should be granted
leave to withdraw.
Court-appointed counsel’s duty of representation continues through allocatur
review in this Court. See Pa.R.Crim.P. 122 (instructing that court-appointed counsel’s
representation continues on direct appeal through allocatur review). Additionally, counsel
may not unilaterally refuse to continue representation of his or her client. Rather, counsel
must seek leave from a court to withdraw. See Pa.R.Crim.P. 120(B) (providing that an
attorney may not unilaterally withdraw his or her appearance with respect to a criminal
defendant; rather, a court must determine whether leave to withdraw is warranted). In
the event the Court of Common Pleas of Philadelphia County permits Attorney Cornish
to withdraw, the court shall determine whether to appoint new counsel or to permit John
Lynch to proceed pro se.
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Commonwealth v. Lynch, J., Pet of: Cornish, Esq., Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lynch-j-pet-of-cornish-esq-pa-2021.