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Commonwealth v. Melvin

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


November 19, 2008

COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
v.
RAKIM MELVIN, PETITIONER

Per curiam.

ORDER

AND NOW, this 19th day of November, 2008, the Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is GRANTED. Petitioner's counsel is directed to file the Petition for Allowance of Appeal within 15 days of the entry of this order.

Petitioner is represented by Alan Sagot, Esquire. Attorney Sagot failed to file a timely Petition for Allowance of Appeal on Petitioner's behalf. This Court reinstated Petitioner's right to pursue allocatur relief nunc pro tunc via an order entered February 7, 2008. That order gave Attorney Sagot 45 days to file a Petition for Allowance of Appeal. Attorney Sagot, however, did not comply with that order. Rather, on April 15, 2008, he filed an Application to File Petition for Allowance of Appeal Nunc Pro Tunc. In that Application, Attorney Sagot maintains that he failed to comply with our February 7, 2008 order because of the demands of representing other clients. As Petitioner should not be penalized for Attorney Sagot's failure to comply with our February 7, 2008 order, in the interests of justice, we have once again granted Petitioner nunc pro tunc relief. Failure to comply with the instant order shall result in Attorney Sagot's referral to the Disciplinary Board.

20081119

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