Commonwealth v. Miller, J. of Bradley, Esq.
This text of Commonwealth v. Miller, J. of Bradley, Esq. (Commonwealth v. Miller, J. of Bradley, 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. 77 MM 2022 : : v. : : : JOHNNY J. MILLER : : : PETITION OF: SPENCER H.C. BRADLEY, : ESQUIRE :
ORDER
PER CURIAM
AND NOW, this 4th day of November, 2022, in consideration of the Application to
Withdraw as Counsel, this matter is REMANDED to the Court of Common Pleas of
Dauphin County for that court to determine whether to grant Attorney Spencer H.C.
Bradley leave to withdraw.
Criminal defense counsel’s duty of representation continues until a court permits
the attorney to withdraw. See Pa.R.Crim.P. 120(B)(1) (stating that an attorney for a
criminal “defendant may not withdraw his or her appearance except by leave of court”).
Absent judicial permission to withdraw, the attorney’s duty continues through review in
this Court. See Pa.R.Crim.P. 122(B)(2) and Comment (specifying that the duty of
representation continues through review in this Court).
In the event the Court of Common Pleas of Dauphin County court permits Attorney
Bradley to withdraw, the court is to resolve any other related questions, including whether
to appoint counsel to represent Johnny J. Miller on allocatur review. The Court of Common Pleas of Dauphin County is DIRECTED to enter its order
on remand within 90 days and to inform this Court promptly of its determination.
[77 MM 2022] - 2
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