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Com. v. Grazier

Supreme Court of Pennsylvania
Jun 15, 1998
552 Pa. 9 (Pa. 1998)

Summary

holding that a Rule 121 colloquy is required only in response to a timely and unequivocal invocation of the right to proceed pro se

Summary of this case from Commonwealth v. El

Opinion

Submitted April 16, 1998.

Decided June 15, 1998.

Appeal from the Court of Common Pleas, Allegheny County, Criminal Division, No. CC 8204816, Raymond A. Novak, J.

Order reversed and case remanded.

Guy T. Grazier, pro se.

Thomas N. Farrell, Michael W. Streily, Pittsburgh, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION OF THE COURT


This is an appeal from a memorandum decision of Superior Court which affirmed an order of the Court of Common Pleas of Allegheny County denying a petition under the Post Conviction Hearing Act (PCHA), 42 Pa.C.S.A. § 9641 et seq.

The PCHA was modified in part, repealed in part, and renamed the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. § 9541- 42 Pa.C.S.A. § 9546, effective April 13, 1988. Because the present petition was filed on August 9, 1987, prior to the effective date of the PCRA, it must be evaluated under the former act. See Commonwealth v. Lawson, 519 Pa. 504, 506 n. 1, 549 A.2d 107, 108 n. 1 (1988).

In 1983, the appellant, Guy Thomas Grazier, was convicted of kidnapping. The conviction arose from an incident in which eyewitnesses saw appellant and his co-defendant, Bruce Thomas, carry a body out of Thomas' apartment, place it in the trunk of Thomas' car, and drive away. Several hours later the body of Thomas' girlfriend, Teresa Forlastro, was found in a lake. She had been shot through the head. Appellant was convicted of kidnapping and sentenced to ten to twenty years imprisonment for his participation in this crime.

In 1986, Superior Court affirmed the judgment of sentence. Appellant subsequently filed a pro se petition for relief pursuant to the PCHA. Counsel was appointed and an amended petition was filed. Counsel was then granted leave to withdraw and another counsel was appointed. Ultimately, in 1995, the PCHA court dismissed the petition.

Appellant filed a timely pro se notice of appeal to Superior Court. Soon thereafter he filed a pro se brief, but the brief was returned to him with a notice that the date for filing briefs had not yet been scheduled by the court. Appellant filed several petitions to remove counsel and proceed pro se. The court denied the first of these and referred it to counsel. A second petition to remove counsel and proceed pro se was filed. Counsel then filed a brief on appellant's behalf. The latter petition was referred to counsel. A third petition, seeking to file a pro se brief and proceed without counsel, was subsequently filed. It, too, was referred to counsel. On January 10, 1997, the order of the PCHA court was affirmed.

The present appeal commenced when appellant filed a timely pro se petition for allowance of appeal and a petition to proceed pro se. Counsel filed a petition for leave to withdraw. We granted all of these petitions.

At issue is whether Superior Court erred in its disposition of appellant's petitions to remove counsel and proceed pro se. When the court denied the first such petition and referred it and the subsequent petitions to counsel, the stated basis for its action was Commonwealth v. Ellis, 534 Pa. 176, 626 A.2d 1137 (1993). The court's reliance on Ellis was, however, misplaced. In Ellis, we held that an appellate court is not required to review pro se briefs filed by represented appellants. Id. at 183-84, 626 A.2d at 1141. Ellis does not stand for the proposition that a court is free to ignore an appellant's request to remove counsel and proceed pro se. To the contrary, Ellis expressly recognized the right to proceed without the assistance of counsel: "[a] represented appellant may petition to terminate his representation; he may, acting pursuant to the rules of criminal procedure, proceed on his own behalf." Id. Accord Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975) (constitutional right to proceed without counsel).

In Commonwealth v. Rogers, 537 Pa. 581, 583, 645 A.2d 223, 224 (1994), the right to proceed pro se at the appellate stage was again recognized: "[it is well settled that a criminal defendant or appellant has the right to proceed pro se at than and through appellate proceedings." This court held, however, that when an appellant requests pro se status after his counsel has filed an appellate brief, the request is untimely. Id. at 583-84, 645 A.2d at 224. In the present case, however, appellant filed petitions to dismiss counsel and proceed pro se before an appellate brief was filed by counsel.

Given appellant's timely and unequivocal request to conduct his appeal pro se, it was error to simply deny the request and refer the matter to counsel. When a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one. See Rogers, 537 Pa. at 586-87, 645 A.2d at 225-26 (Flaherty, J., dissenting); Commonwealth v. Meehan, 427 Pa. Super. 261, 273-75, 628 A.2d 1151, 1167 (1993), appeal denied, 538 Pa. 667, 649 A.2d 670 (1994); Commonwealth v. Gonzalez, 402 Pa. Super. 610, 587 A.2d 786 (1991). Superior Court erred in not remanding this case to the trial court to make the necessary determination. The order of Superior Court must, therefore, be reversed and the case remanded to that court for proceedings consistent with this opinion.

Order reversed, and case remanded.


Summaries of

Com. v. Grazier

Supreme Court of Pennsylvania
Jun 15, 1998
552 Pa. 9 (Pa. 1998)

holding that a Rule 121 colloquy is required only in response to a timely and unequivocal invocation of the right to proceed pro se

Summary of this case from Commonwealth v. El

holding that a hearing is required to determine if defendant's waiver of right to counsel at appellate stage is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Smith

holding that a hearing is required to determine if defendant's waiver of right to counsel at appellate stage is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Nickerson

holding that a Rule 121 colloquy is required only in response to a timely and unequivocal invocation of the right to proceed pro se

Summary of this case from Commonwealth v. Smith

holding court must determine on record that indigent defendant wants to proceed pro se , to ensure waiver of counsel is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Postie

holding that a Rule 121 colloquy is required only in response to a timely and unequivocal invocation of the right to proceed pro se

Summary of this case from Commonwealth v. Johonoson

holding that a Rule 121 colloquy is required only in response to a timely and unequivocal invocation of the right to proceed pro se

Summary of this case from Commonwealth v. Landing

holding trial court must hold on-record hearing to determine if waiver of right to counsel by defendant is knowing, intelligent, and voluntary

Summary of this case from Commonwealth v. Huffman

holding court must determine on record that indigent defendant wants to proceed pro se, to ensure waiver of counsel is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Elliott

holding court must determine on record that indigent defendant wants to proceed pro se, to ensure waiver of counsel is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Bicking

holding when waiver of right to counsel is sought at post-conviction and appellate stages, on-the-record determination should be made that waiver is knowing, intelligent, and voluntary

Summary of this case from Commonwealth v. Ali

holding court must determine on record that indigent defendant wants to proceed pro se, to ensure waiver of counsel is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Campbell

holding when a waiver of the right to counsel is sought, "an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one"

Summary of this case from Commonwealth v. Wolf

holding that when a first-time petitioner indicates in his pro se PCRA petition that he does not wish to be represented by an attorney, the PCRA court must conduct a hearing to elicit information regarding waiver of counsel under Pa.R.Crim.P. 121 before permitting the petitioner to proceed pro se

Summary of this case from Commonwealth v. Dixon

holding that "when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one"

Summary of this case from Commonwealth v. Helms

holding that a Rule 121 colloquy is required only in response to a timely and unequivocal invocation of the right to proceed pro se

Summary of this case from Commonwealth v. Green

holding court must determine on record that indigent defendant wants to proceed pro se, to ensure waiver of counsel is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Baylor

holding the trial court must ascertain on the record that a defendant's decision to proceed pro se is knowing, intelligent, and voluntary

Summary of this case from Commonwealth v. Barksdale

holding that a Rule 121 colloquy is required only in response to a timely and unequivocal invocation of the right to proceed pro se

Summary of this case from Commonwealth v. Smith

holding that a hearing is required to determine if defendant's waiver of right to counsel at appellate stage is knowing, intelligent and voluntary

Summary of this case from Commonwealth v. Smith

In Grazier, the Supreme Court of Pennsylvania concluded that "[w]hen a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one."

Summary of this case from Gladfelter v. Estock

In Grazier, the Supreme Court of Pennsylvania concluded that "[w]hen a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one."

Summary of this case from Cruz v. Garman

requiring a determination on the record regarding the voluntariness of waiver of counsel before denying a defendant's request to conduct a pro se appeal of the denial of post-conviction relief

Summary of this case from Drew v. Wetzel

In Commonwealth v. Grazier, 552 Pa. 9, 713 A.2d 81 (Pa. 1998), the Supreme Court held that "[w]hen a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one."

Summary of this case from Butler v. Collins

explaining that an on-the-record determination must be made as to whether a criminal defendant's request to proceed pro se is knowing, intelligent, and voluntary

Summary of this case from Commonwealth v. Ward
Case details for

Com. v. Grazier

Case Details

Full title:COMMONWEALTH of Pennsylvania, Appellee, v. Guy Thomas GRAZIER, Appellant

Court:Supreme Court of Pennsylvania

Date published: Jun 15, 1998

Citations

552 Pa. 9 (Pa. 1998)
713 A.2d 81

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