COM. v. WILLIAMS


828 A.2d 981 (2003)

COMMONWEALTH of Pennsylvania, Appellee v. Kenneth J. WILLIAMS, Appellant.

Supreme Court of Pennsylvania.

Decided July 21, 2003.


Attorney(s) appearing for the Case

Michael Wiseman, Philadelphia, for Kenneth J. Williams, Appellant.

Bernard Martin, Amy Zapp, Harrisburg, for the Com. of PA, Appellee.

BEFORE: CAPPY, C.J., AND CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN AND LAMB, JJ.


OPINION

JUSTICE LAMB.

In this appeal we are asked to decide if a capital defendant's pro se motion to withdraw his first timely Post Conviction Collateral Relief Act (PCRA)1 petition2 is controlling in a case in which: 1) the judge never ruled on the motion to withdraw; 2) counsel was sought but not appointed before the motion to withdraw; 3) the court did not conduct a colloquy of the...

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