Com. v. Hall, M.
Com. v. Hall, M. No. 326 WDA 2016
| Pa. Super. Ct. | Mar 13, 2017Background
- Appellant Markel Jovan Hall was charged with conspiracy, robbery, burglary, theft, receiving stolen property, simple assault, and criminal trespass arising from a October 17, 2014 home invasion.
- Appellant was originally represented by appointed counsel; counsel was permitted to withdraw and the trial court conducted waiver colloquies allowing Hall to proceed pro se at trial.
- Hall requested standby counsel orally and later in writing; the trial court denied the request after a hearing.
- After a two-day jury trial Hall was convicted on all counts and sentenced on February 1, 2016 to an aggregate term of 42 to 84 months.
- Hall filed post-sentence motions and a timely appeal; following a Grazier hearing he also waived appellate counsel and proceeded pro se on appeal. The Superior Court remanded for a Rule 1925(b) order when notice issues arose, after which the appeal proceeded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court failed to conduct a complete on-the-record colloquy under Pa.R.Crim.P. 121, resulting in an unknowing, involuntary, or unintelligent waiver of the right to counsel | Commonwealth: waiver was valid because court conducted required colloquies and proceedings complied with Rule 121 (implicit from trial court) | Hall: waiver was not knowing, voluntary, intelligent; trial court did not conduct a thorough probing colloquy and wrongly denied standby counsel | Court affirmed: trial court adequately conducted colloquies and determined Hall’s waiver of counsel was knowing, voluntary, and intelligent; issue lacked merit |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (establishes constitutional right to self-representation)
- Commonwealth v. Blakeney, 946 A.2d 645 (Pa. 2008) (standard for valid waiver of counsel)
- Commonwealth v. Starr, 664 A.2d 1326 (Pa. 1995) (requires probing colloquy to ensure waiver is knowing and intelligent)
- Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011) (describes components of effective Faretta colloquy)
- Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (procedure for waiver of appellate counsel)
- Commonwealth v. Chamberlain, 658 A.2d 395 (Pa. Super. 1995) (order denying post-sentence motions finalizes judgment for appeal)