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Commonwealth v. Hess

Supreme Court of Pennsylvania

February 3, 2014

COMMONWEALTH OF PENNSYLVANIA, Respondent
v.
ANTHONY JOHN HESS, Petitioner

ORDER

PER CURIAM.

AND NOW, this 3rd day of February, 2014, upon consideration of the Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc filed by James V. Natale, Esquire ostensibly on behalf of Petitioner, it is hereby ordered as follows:

Attorney Natale has not entered an appearance and is not counsel of record. Jeremy J. Davis, Esquire is counsel of record for Petitioner. Attorney Davis has not requested nor been granted leave to withdraw. Attorney Natale's filing states that Attorney Davis and Attorney Natale arranged for Attorney Natale to assume representation of Petitioner. This arrangement was not presented to a court for its consideration or approval.

Counsel of record is permitted to withdraw only upon leave of court. See Pa.R.Crim.P. 120(A)(4). Additionally, an attorney may not represent a party unless the attorney has entered an appearance. See Pa.R.Crim.P. 120(A)(3). See also Pa.R.A.P. 120(a) (counsel filing papers must enter an appearance with the prothonotary of the appellate court unless that counsel has previously been noted as counsel on the docket).

This matter is REMANDED to the Court of Common Pleas of Fayette County for it to determine within 45 days of this order which attorney is appointed to represent Petitioner.

The Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is DISMISSED, WITHOUT PREJUDICE to Petitioner to seek nunc pro tunc relief once his representational status has been resolved.

Jurisdiction is relinquished.


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