Commonwealth v. Travillion, 17 A.3d 1247

Commonwealth sought allowance of appeal from Superior Court’s reversal and remand for new trial on right-to-counsel issue.
Trial court initially found waiver of counsel but later issued an addendum concluding forfeiture of counsel under Lucarelli based on respondent’s dilatory conduct.
Respondent privately retained counsel, fired that counsel, and refused to hire new counsel while refusing to cooperate with court-appointed counsel.
Superior Court reversed the trial court, holding respondent’s right to counsel improperly denied and remanding for a new trial.
Pennsylvania Supreme Court granted allocatur, reversed the Superior Court, and reinstated the sentence, applying Lucarelli to hold forfeiture occurred.
Justice Orie Melvin did not participate; Justice Saylor filed a dissent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondent forfeited his right to counsel.	Travillion alleges no forfeiture; trial court erred.	Commonwealth argues custodial objection or forfeiture due to dilatory conduct.	forfeiture affirmed; right to counsel forfeited
Whether the trial court properly applied Lucarelli to find forfeiture.	Trial court correctly followed Lucarelli’s framework.	Commonwealth contends Lucarelli supports forfeiture due to obstructive conduct.	Lucarelli applied; conduct justified forfeiture
Whether the Superior Court’s reversal was proper based on denial of counsel claim.	Respondent’s obstructive actions violated right to counsel.	Trial court attempted to accommodate despite conduct.	Superior Court reversal reversed; reinstatement

Commonwealth v. Lucarelli, 601 Pa. 185 (Pa. 2009) (forfeiture of right to counsel based on dilatory conduct)