Commonwealth v. Winter, B. of: J. Malley, Esq
This text of Commonwealth v. Winter, B. of: J. Malley, Esq (Commonwealth v. Winter, B. of: J. Malley, 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. 29 MM 2018 : : v. : : : BRIAN CHARLES WINTER : : : PETITION OF: JOSEPH A. MALLEY, III, : ESQUIRE :
ORDER
PER CURIAM
AND NOW, this 6th day of April, 2018, in consideration of the Motion for
Withdrawal of Counsel, this matter is REMANDED to the Court of Common Pleas of
Delaware County for that court to determine whether counsel 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).
If the attorney is permitted to withdraw, the court is DIRECTED to resolve any
issues relative to Brian Winter being appointed counsel or granted leave to proceed pro
se. The Court of Common Pleas of Delaware County is DIRECTED to enter its order
regarding this remand within 45 days and to promptly notify this Court of its determination.
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