Commonwealth v. Henry, P., III ( 2023 )

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 27 MM 2023
:
Respondent :
:
:
v. :
:
:
PAUL JACKSON HENRY, III, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 27th day of June, 2023, in consideration of the Petition for Leave
to File Petition for Allowance of Appeal Nunc Pro Tunc, this matter is REMANDED to the
Court of Common Pleas of York County to determine whether Petitioner’s allocatur rights
should be reinstated nunc pro tunc. See Pa.R.A.P. 1113(d) (with respect to a request for
reinstatement of allocatur rights, providing that, “[i]f the Court cannot determine whether
nunc pro tunc relief is appropriate from the information provided, the Court may remand
to the trial court for factual findings”).
In the event Petitioner’s allocatur rights are reinstated, the Court of Common Pleas
of York County is to resolve related issues, including whether to appoint counsel for
purposes of allocatur review or to permit Petitioner to proceed pro se. See Pa.R.Crim.P.
122(B)(2) and Comment (specifying that the duty of representation continues through
review in the Pennsylvania Supreme Court); see also Commonwealth v. Grazier, 713
A.2d 81 (Pa. 1998) (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).
The Court of Common Pleas of York County is to enter its order within 90 days
and to promptly inform this Court of its determination.
[27 MM 2023] - 2