Supreme Court of Pennsylvania, 2007

Commonwealth v. Red

Supreme Court of Pennsylvania · Decided November 13, 2007

937 A.2d 383 (Atlantic Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Michael McLaughlin v. District Attorney Philadelphia (3d Cir. 2023)

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Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 13th day of November, 2007, the Petition for Allowance of Appeal is hereby GRANTED. The Superior Court did not fully address the Commonwealth’s contention that Respondent was represented by counsel during the waiver colloquy and, thus, did not sufficiently preserve by objection the contention that the colloquy was constitutionally inadequate. See Commonwealth’s Letter Brief at 6-7. *384The decision in Commonwealth v. Monica, 528 Pa. 266, 597 A.2d 600, 603 (1991), referred to by the Superior Court, is distinguishable, because in that case there was no dispute that Appellant acted pro se throughout his trial proceeding. The Order of the Superior Court is thus VACATED, and the matter is REMANDED for reconsideration of this argument.

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