Commonwealth v. Figueroa
29 A.3d 1177
Pa. Super. Ct.2011Background
- Appellant Josue R. Figueroa was convicted of rape and related offenses in 1988 for an assault on a 16-year-old female; the offenses occurred in 1987.
- Appellant filed a pro se PCRA petition on October 12, 2010 seeking post-conviction relief from the 1988 judgment.
- The PCRA court treated the petition as a second PCRA petition and did not appoint counsel.
- Appellant stated he did not want counsel and wished to proceed pro se, prompting questions about a Grazier colloquy.
- The Superior Court remanded for a Grazier colloquy to determine whether Appellant knowingly and intelligently waived the right to counsel, and indicated appointment of counsel unless Appellant waived that waiver.
- If Appellant proceeds pro se, the court would proceed under the first-petition rules; if he waives, counsel must be appointed and an amended petition may be filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCRA court erred in treating the petition as a second PCRA petition | Figueroa | Commonwealth | Yes; court erred by treating as second petition and denying counsel |
| Whether a Grazier colloquy was required given Appellant's pro se stance | Figueroa | Commonwealth | Yes; remanded for Grazier colloquy to determine intent to proceed pro se |
| Whether counsel should have been appointed initially | Figueroa | Commonwealth | Yes; appointment of counsel required unless pro se waiver is knowingly and intelligently made |
| Whether Appellant’s waiver to counsel, if any, was valid | Figueroa | Commonwealth | Remand to conduct proper Grazier colloquy to assess validity of waiver |
| What is the appropriate procedural path if Appellant waives counsel | Figueroa | Commonwealth | If waived, trial court must certify transcript of Grazier proceeding; otherwise appoint counsel and file amended petition |
Key Cases Cited
- Commonwealth v. Grazier, 552 Pa. 9, 713 A.2d 81 (Pa. 1998) (Grazier colloquy required for pro se PCRA petitions to verify knowing, intelligent waiver of counsel)
- Commonwealth v. Robinson, 970 A.2d 455 (Pa.Super.2009) (en banc; requires Grazier colloquy when pro se waiver is asserted in PCRA proceedings)
- Commonwealth v. Staton, 12 A.3d 277 (Pa.2010) (addressed right to self-representation on appeal; influence on PCRA self-representation analysis)
- Commonwealth v. Stossel, 17 A.3d 1286 (Pa.Super.2011) (confirms need for Grazier colloquy despite pro se indication on DC-198 form)