· 10/7/1991
Commonwealth v. Monica
Citations
- 597 A.2d 600
- 528 Pa. 266
- 1991 Pa. LEXIS 210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- remanding for new trial where trial court failed to conduct on -the -record colloquy before allowing defendant to proceed to trial pro se
- trial court committed error requiring reversal by allowing the defendant to represent himself \without first conducting a thorough on-the-record colloquy\
- trial court committed error requiring reversal by allowing the defendant to represent himself “without first conducting a thorough on-the-record colloquy”
- record must show - 10 - J-S60024-15 that accused was offered counsel but intelligently and understandingly rejected offer; anything less is not waiver
- waiver doctrine inapplicable to pro se defendant, if defendant’s waiver of counsel improper
- “[a]s a general rule, failure to raise an issue in a criminal proceeding does not constitute a waiver where the defendant is not represented by counsel in the proceeding. This rule does not apply where the defendant knowingly and intelligently waived representation by counsel”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.