Commonwealth v. Steel, S., of: J. Capek, Esq.

CourtSupreme Court of Pennsylvania
DecidedNovember 19, 2021
Docket52 EM 2021
StatusPublished

This text of Commonwealth v. Steel, S., of: J. Capek, Esq. (Commonwealth v. Steel, S., of: J. Capek, 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.

Bluebook
Commonwealth v. Steel, S., of: J. Capek, Esq., (Pa. 2021).

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA : No. 52 EM 2021 : : v. : : : SIKWA STEEL : : : PETITION OF: JUSTIN C. CAPEK, ESQ. :

ORDER

PER CURIAM

AND NOW, this 19th day of November, 2021, in consideration of the Motion to

Withdraw as Counsel, this matter is REMANDED to the Court of Common Pleas of

Philadelphia County for that court to determine whether Attorney Justin C. Capek should

be granted leave 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 permits Attorney Capek to withdraw, the court is ORDERED to determine whether

Sikwa Steel is entitled to court-appointed counsel for purposes of allocatur review. See

Pa.R.Crim.P. 904(C), (F)(2) (specifying that an indigent petitioner is entitled to court-

appointed counsel relative to a first PCRA petition; further providing that any such

appointment continues through allocatur review).

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

Bluebook (online)
Commonwealth v. Steel, S., of: J. Capek, Esq., Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-steel-s-of-j-capek-esq-pa-2021.