Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998). · Go Syfert
Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998). Cases Citing This Book View Copy Cite
1,959 citation events (1,945 in the last 25 years) across 7 distinct courts.
Strongest positive: Com. v. Martin, K. (pasuperct, 2025-12-17) · Strongest negative: Com. v. Robinson, C. (pasuperct, 2023-03-08)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Com. v. Robinson, C. (2×)
Pa. Super. Ct. · 2023 · signal: but see · quote attribution · 2 verbatim quotes · confidence high
held ... that when an appellant requests pro se status after his counsel has filed an appellate brief, the request is untimely
discussed Cited "but see" Com. v. Robinson, C.
Pa. Super. Ct. · 2020 · signal: but see · quote attribution · 1 verbatim quote · confidence high
held . . . that when an appellant requests pro se status after his counsel has filed an appellate brief, the request is untimely
examined Cited as authority (verbatim quote) Com. v. Martin, K.
Pa. Super. Ct. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Hill v. PA Dept. of Corrections
M.D. Penn. · 2025 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Smith, D.
Pa. Super. Ct. · 2025 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
discussed Cited as authority (verbatim quote) Com. v. Pruitt, J.
Pa. Super. Ct. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
when an appellant requests pro se status after his counsel has filed an appellate brief, the request is untimely
discussed Cited as authority (verbatim quote) Com. v. Baldwin, T.
Pa. Super. Ct. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
this court held, however, that when an appellant requests pro se status after his counsel has filed an appellate brief, the request is untimely.
discussed Cited as authority (verbatim quote) Com. v. Robertson, K.
Pa. Super. Ct. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
when an appellant requests pro se status after his counsel has filed an appellate brief, the request is untimely.
examined Cited as authority (verbatim quote) John Smith v. Vito Geroulo
3rd Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Martin, M.
Pa. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post- conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Raven, W.
Pa. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post- conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Dickson, J. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Jones, B.
Pa. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Goad, D.
Pa. Super. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Harris, R.
Pa. Super. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Hernandez-Andino, E.
Pa. Super. Ct. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Dupree, N.
Pa. Super. Ct. · 2020 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Hawkins, V.
Pa. Super. Ct. · 2020 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
discussed Cited as authority (verbatim quote) Com. v. Gillyard, C.
Pa. Super. Ct. · 2020 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought , an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Plummer, W. (2×) also: Cited "see"
Pa. Super. Ct. · 2020 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Winters, A. (3×) also: Cited "see"
Pa. Super. Ct. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the- record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Gibson, J.
Pa. Super. Ct. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Hughes, T.
Pa. Super. Ct. · 2017 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Hickox, J.
Pa. Super. Ct. · 2017 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Harris, J.
Pa. Super. Ct. · 2016 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Gessner, A.
Pa. Super. Ct. · 2016 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Commonwealth v. Schultz (2×) also: Cited as authority (quoted)
Pa. Super. Ct. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Com. v. Jordan, R.
Pa. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
examined Cited as authority (verbatim quote) Commonwealth v. Glacken (2×) also: Cited as authority (quoted)
Pa. Super. Ct. · 2011 · signal: see · quote attribution · 2 verbatim quotes · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
discussed Cited as authority (quoted) Com. v. Willingham, R.
Pa. Super. Ct. · 2026 · quote attribution · 1 verbatim quote · confidence low
grazier hearing
discussed Cited as authority (quoted) Com. v. Hatcher, H.
Pa. Super. Ct. · 2018 · quote attribution · 1 verbatim quote · confidence low
when the waiver of the right to counsel is sought during pcra review, an on-the-record determination should be made that the waiver is knowing, intelligent, and voluntary.
discussed Cited as authority (quoted) Com. v. Copper, T.
Pa. Super. Ct. · 2018 · quote attribution · 1 verbatim quote · confidence low
when the waiver of the right to counsel is sought during pcra review, an on-the-record determination should be made that the waiver is knowing, intelligent, and voluntary.
discussed Cited as authority (quoted) Com. v. Hatcher, J.
Pa. Super. Ct. · 2018 · quote attribution · 1 verbatim quote · confidence low
when the waiver of the right to counsel is sought during pcra review, an on-the-record determination should be made that the waiver is knowing, intelligent, and voluntary.
examined Cited as authority (quoted) Com. v. Owens, L.
Pa. Super. Ct. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.
discussed Cited as authority (rule) Com. v. Wakeel, H. (2×)
Pa. Super. Ct. · 2025 · confidence medium
At a second evidentiary hearing, Lopez, for the first time, recanted all prior testimony, including from the first PCRA evidentiary hearing, ____________________________________________ 1 See Brady v. Maryland, 373 U.S. 83 (1963). 2 See Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998). -2- J-S30044-25 and Lopez claimed that he, in fact, had a deal in place with the Commonwealth to receive a lesser sentence in exchange for his testimony against Wakeel at the time he testified at Wakeel’s trial.
discussed Cited as authority (rule) Com. v. Howland, A.
Pa. Super. Ct. · 2025 · confidence medium
Following an oral colloquy and Howland’s completion of a written colloquy form, the PCRA court granted Howland’s request to proceed pro se. ____________________________________________ 5 See Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998) (holding that “[w]hen a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one”). -7- J-S35043-25 See id.; see also Waiver of Right to Counsel Form, 4/8/24.
cited Cited as authority (rule) Com. v. Curry, A.
Pa. Super. Ct. · 2025 · confidence medium
Commonwealth v. Greer, 316 A.3d 623 , 629 (Pa. 2024) (citing Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998).
discussed Cited as authority (rule) Com. v. Jackson, J.
Pa. Super. Ct. · 2025 · confidence medium
The habeas petition was still outstanding 2 Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998) (holding that “[w]hen a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one”). -2- J-M02001-25 as of the February 7, 2025 hearing for Petitioner’s request for nominal bail.
discussed Cited as authority (rule) Com. v. Moats, J.
Pa. Super. Ct. · 2025 · confidence medium
On March 30, 2022, Moats filed a timely, pro se PCRA petition alleging ineffective assistance of counsel.2 The PCRA court did not appoint Moats counsel or conduct a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998).
discussed Cited as authority (rule) Com. v. Lattimer, R.
Pa. Super. Ct. · 2024 · confidence medium
Preliminarily, we reject the PCRA court’s assertion that this appeal is untimely.6 In Wright, this Court held that an appellant must file an appeal ____________________________________________ 5 In the interim, Lattimer moved to proceed pro se with this appeal, and another jurist conducted a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998), and concluded that Lattimer had knowingly, voluntarily, and intelligently waived his right to counsel, and withdrew third PCRA counsel’s appearance.
discussed Cited as authority (rule) In Re: C.A.I.-T., a Minor
Pa. Super. Ct. · 2024 · confidence medium
On December 15, 2023, however, this Court remanded the case for the limited purpose of determining whether Mother was entitled to court-appointed counsel and to ensure that her apparent decision to proceed pro se had been made knowingly, intelligently, and voluntarily in conformity with Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998).
discussed Cited as authority (rule) Com. v. Garcia, A.
Pa. Super. Ct. · 2024 · confidence medium
We concluded the trial court improperly imposed parole conditions as part of Appellant’s sentence, and struck the parole conditions from the November 20, 2017 sentencing order. 4 Regarding the right to counsel “at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.” Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998). -5- J-S37011-23 Appellant’s Brief at 3.5 ANALYSIS Preliminarily, Appellant contends his issue is properly before us pursuant to Commonwealth v. Bradley, 261 A.3d 381 (Pa. 202…
discussed Cited as authority (rule) Com. v. Garcia, A. (2×) also: Cited "see"
Pa. Super. Ct. · 2024 · confidence medium
Notably, the PCRA court did not conduct a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998) (“When a waiver of the right to counsel is sought at the post-conviction and 2 This appeal is timely.
discussed Cited as authority (rule) Com. v. Barney, J.
Pa. Super. Ct. · 2023 · confidence medium
Neither the docket nor the record contain that motion for reconsideration and it is, thus, unclear to what that order refers. 3 Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998) -3- J-S39014-23 (unpublished memorandum), allocatur denied, No. 76 MAL 2021 (Pa., filed July 7, 2021), cert. denied, 142 S.Ct. 1455 (U.S., filed April 4, 2022).4 On September 15, 2022, Appellant filed a document titled “The Status or Resolution of PCRA date on 9/23/2016” (“Application for Resolution”).
discussed Cited as authority (rule) Com. v. Faison, K.
Pa. Super. Ct. · 2023 · confidence medium
The Commonwealth did so and gave Appellant “two additional items. . . in an ____________________________________________ 2 Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998). -2- J-S18028-23 abundance of caution:” the Commonwealth’s fingerprint expert’s report (which the Commonwealth believed it had already provided to Appellant’s counsel), as well as the expert’s curriculum vitae and slides that the expert planned to use during his testimony.
discussed Cited as authority (rule) Com. v. Bent, J.
Pa. Super. Ct. · 2023 · confidence medium
The PCRA court directed Appellant to proceed to do so, pro se, without permitting counsel to withdraw or conducting a colloquy pursuant to Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998) (“When a waiver of the right to counsel is sought at the post-conviction and appellate ____________________________________________ 2 PCRA counsel indicated that sentencing counsel had acknowledged the error, and that the Commonwealth stipulated that Appellant’s prior record score was zero, not one, at the time he was sentenced.
discussed Cited as authority (rule) Com. v. Stillwagon, J.
Pa. Super. Ct. · 2023 · confidence medium
It also held a hearing on her motion to dismiss the Interference Charge on double 6 Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998). 7 Rule 587(b) provides, in pertinent part, that a court “shall” hold a hearing on a motion to dismiss on double jeopardy grounds and “shall enter on the record a statement of findings of fact and conclusions of law and shall issue an order granting or denying the motion.” Pa.R.Crim.P. 587(b)(3).
discussed Cited as authority (rule) Com. v. Plummer, W. (2×) also: Cited "see"
Pa. Super. Ct. · 2023 · confidence medium
Citing [Plummer’s] lack of faith in his representation, counsel sought to withdraw and have the PCRA court appoint new counsel or hold a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998)….
discussed Cited as authority (rule) Com. v. Baj, C.
Pa. Super. Ct. · 2023 · confidence medium
The PCRA court held a hearing on April 29, 2022, at which time Baj clearly expressed that he wanted ____________________________________________ 8 Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998). -7- J-S37029-22 Attorney Deschler to remain as counsel and, accordingly, the court denied Attorney Deschler’s request to withdraw.
discussed Cited as authority (rule) Com. v. Williams, J.
Pa. Super. Ct. · 2023 · confidence medium
“When a waiver of the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one.” Commonwealth v. Grazier, 713 A.2d 81, 82 (Pa. 1998) (citations omitted).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, Appellee,
v.
Guy Thomas GRAZIER, Appellant
89 W.D. Appeal Docket 1997.
Supreme Court of Pennsylvania.
Jun 15, 1998.
713 A.2d 81
Guy T. Grazier, pro se., Thomas N. Farrell, Michael W. Streily, Pittsburgh, for Com.
Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor.
Cited by 1,399 opinions  |  Published
3 passages pin-cited by 7 cases
Pinpoint authority: #11,033 of 633,719
Citer courts: Superior Court of Pennsylvania (7)

[*11] OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal from a memorandum decision of Superior Court which affirmed an order of the Court of Common Pleas of Allegheny County denying a petition under the Post Conviction Hearing Act (PCHA), 42 Pa.C.S. § 9541 et seq. [1]

In 1983, the appellant, Guy Thomas Grazier, was convicted of kidnapping. The conviction arose from an incident in which eyewitnesses saw appellant and his co-defendant, Bruce Thomas, carry a body out of Thomas’ apartment, place it in the trunk of Thomas’ car, and drive away. Several hours later the body of Thomas’ girlfriend, Teresa Forlastro, was found in a lake. She had been shot through the head. Appellant was convicted of kidnapping and sentenced to ten to twenty years imprisonment for his participation in this crime.

In 1986, Superior Court affirmed the judgment of sentence. Appellant subsequently filed a pro se petition for relief pursuant to the PCHA. Counsel was appointed and an amended petition was filed. Counsel was then granted leave to withdraw and another counsel was appointed. Ultimately, in 1995, the PCHA court dismissed the petition.

Appellant filed a timely pro se notice of appeal to Superior Court. Soon thereafter he filed a pro se brief, but the brief was returned to him with a notice that the date for filing briefs had not yet been scheduled by the court. Appellant filed several petitions to remove counsel and proceed pro se. The court denied the first of these and referred it to counsel. A second petition to remove counsel and proceed pro se was filed. Counsel then filed a brief on appellant’s behalf. The latter petition was referred to counsel. A third petition, seeking to file a pro se brief and proceed without counsel, was[*12] subsequently filed. It, too, was referred to counsel. On January 10, 1997, the order of the PCHA court was affirmed.

The present appeal commenced when appellant filed a timely pro se petition for allowance of appeal and a petition to proceed pro se. Counsel filed a petition for leave to withdraw. We granted all of these petitions.

At issue is whether Superior Court erred in its disposition of appellant’s petitions to remove counsel and proceed pro se. When the court denied the first such petition and referred it and the subsequent petitions to counsel, the stated basis for its action was Commonwealth v. Ellis, 534 Pa. 176, 626 A.2d 1137 (1993). The court’s reliance on Ellis was, however, misplaced. In Ellis, we held that an appellate court is not required to review pro se briefs filed by represented appellants. Id. at 183-84, 626 A.2d at 1141. Ellis does not stand for the proposition that a court is free to ignore an appellant’s request to remove counsel and proceed pro se. To the contrary, Ellis expressly recognized the right to proceed without the assistance of counsel: “[a] represented appellant may petition to terminate his representation; he may, acting pursuant to the rules of criminal procedure, proceed on his own behalf.” Id. Accord Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975) (constitutional right to proceed without counsel).

In Commonwealth v. Rogers, 537 Pa. 581, 583, 645 A.2d 223, 224 (1994), the right to proceed pro se at the appellate stage was again recognized: “[i]t is well settled that a criminal defendant or appellant has the right to proceed pro se at trial and through appellate proceedings.” This court held, however, that when an appellant requests pro se status after his counsel has filed an appellate brief, the request is untimely. Id. at 583-84, 645 A.2d at 224. In the present case, however, appellant filed petitions to dismiss counsel and proceed pro se before an appellate brief was filed by counsel.

Given appellant’s timely and unequivocal request to conduct his appeal pro se, it was error to simply deny the request and refer the matter to counsel. When a waiver of[*13] the right to counsel is sought at the post-conviction and appellate stages, an on-the-record determination should be made that the waiver is a knowing, intelligent, and voluntary one. See Rogers, 537 Pa. at 586-87, 645 A.2d at 225-26 (Flaherty, J., dissenting); Commonwealth v. Meehan, 427 Pa.Super. 261, 273-75, 628 A.2d 1151, 1157 (1993), appeal denied, 538 Pa. 667, 649 A.2d 670 (1994); Commonwealth v. Gonzalez, 402 Pa.Super. 610, 587 A.2d 786 (1991). Superior Court erred in not remanding this case to the trial court to make the necessary determination. The order of Superior Court must, therefore, be reversed and the case remanded to that court for proceedings consistent with this opinion.

Order reversed, and case remanded.

1

. The PCHA was modified in part, repealed in part, and renamed the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546, effective April 13, 1988. Because the present petition was filed on August 9, 1987, prior to the effective date of the PCRA, it must be evaluated under the former act. See Commonwealth v. Lawson, 519 Pa. 504, 506 n. 1, 549 A.2d 107, 108 n. 1 (1988).