Opinion
42 EM 2021
10-19-2021
COMMONWEALTH OF PENNSYLVANIA v. KARL ROSEBORO PETITION OF: MICHAEL WISEMAN
ORDER
PER CURIAM
AND NOW, this 19th day of October, 2021, in consideration of the Application to Withdraw as Counsel and the "Motion for New Appointment of Counsel," this matter is REMANDED to the Court of Common Pleas of Philadelphia County for that court to determine whether Karl Roseboro's present counsel should be permitted to withdraw, as well as any related questions, including whether to appoint new counsel for Karl Roseboro.
A PCRA petitioner's rule-based right to counsel continues through allocatur review. See Pa.R.Crim.P. 904(F)(2), Comment (instructing that an attorney's appointment in a PCRA matter continues through appellate review in this Court). Additionally, appointed counsel may not unilaterally terminate that appointment, but, instead, must obtain court approval to discontinue representation. See Pa.R.Crim.P. 120(B), Comment (indicating that counsel may not cease representation absent leave of court; further explaining that the court examines various case-specific factors in determining whether to permit counsel to withdraw).
The Court of Common Pleas of Philadelphia County is ORDERED to enter its order regarding this remand within 90 days and to notify this Court promptly of its determination.