Philadelphia criminal appeals lawyer Lloyd Long discusses details surrounding the Pennsylvania’s Superior Court’s decision in the Muzzy case. The Superior Court denied counsel’s request to withdraw in an appeal of the denial of PCRA relief. Under Turner and Finley, the appellant must be advised that upon filing of a no-merit brief, the appellant has the immediate right to proceed in the appeal pro se or with private counsel; it is not dependent on whether the Superior Court grants the motion to withdraw filed contemporaneously with the no-merit brief.
Here, counsel advised the appellant that if the Superior Court granted the motion to withdraw, he had the right to proceed pro se or with appointed counsel. The motion was, therefore, denied.