Supreme Court of Pennsylvania, 2008

Commonwealth v. El

Commonwealth v. El
Supreme Court of Pennsylvania · Decided August 28, 2008 · Consideration, Matter, Todd
598 Pa. 207; 955 A.2d 1012; 2008 Pa. LEXIS 1435

Commonwealth v. El

Opinion of the Court

*208 ORDER

PER CURIAM.

AND NOW, this 28th day of AUGUST, 2008, the Petition for Allowance of Appeal is hereby GRANTED. The issues, rephrased for clarity, are:

(1) Is a criminal defendant’s request to represent himself or herself timely where the defendant makes the request after the denial of a pre-trial motion and just prior to the commencement of a bench trial?
(2) At a bench trial, where a defendant has indicated his or her readiness to proceed pro se, is it an abuse of discretion to deny the pro se request without conducting a colloquy as required by Pa.R.Crim.P. 121(C)?

The parties are directed to submit the matter on briefs.

Justice TODD did not participate in the consideration or decision in this matter.

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