Counsel must attach a copy of the letter sent to the client advising them of their rights as an exhibit to a petition to withdraw ().
After an appellant filed a notice of appeal, appointed counsel filed an Anders brief and a petition for leave to withdraw as counsel. The court examined whether counsel satisfied the procedural requirements for withdrawal. Although counsel stated that the client had been sent a letter explaining his rights, counsel failed to attach a copy of that letter to the petition. Because the petition contained a misstatement regarding the client's right to new counsel and lacked the necessary attachment, the court held the petition was deficient. To ensure proper notification and facilitate review, the court required counsel to attach a copy of the letter sent to the client advising them of their rights to any petition to withdraw.
At page 752 Requiring counsel to attach client rights notification letter308 citing cases“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights.”
- Com. v. Garcia, J., No. 2932 EDA 2018 (Pa. Super. Ct. Aug. 5, 2019).unpublished([T]he prudent course is to require counsel henceforth to attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their -5- rights.)
- Com. v. Zerby, J., III, No. 68 MDA 2015 (Pa. Super. Ct. Sept. 9, 2015).unpublished([T]he prudent course is to require counsel henceforth to attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights.)
- Adoption of: Z.S.V., Appeal of: R.S.V., No. 381 WDA 2026 (Pa. Super. Ct. Sept. 29, 2026).unpublished“attach to their petition to withdraw a copy of the -9- letter sent to their client advising him or her of their rights”
- Adoption of: L.J.T., Appeal of: N.D.T., No. 1580 WDA 2025 (Pa. Super. Ct. Sept. 11, 2026).unpublishedAs discussed further infra, we find that Counsel’s supplemental filings adequately comply with the requirements attendant to Anders. -9- withdraw a copy of the letter sent to their client advising him or her of their rights.” Commonwealth…
- In the Int. of: S.A.R., Appeal of: R.R., No. 704 EDA 2026 (Pa. Super. Ct. Aug. 20, 2026).unpublished“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- In Re: K.K.T., a Minor, No. 181 MDA 2026 (Pa. Super. Ct. Aug. 13, 2026).unpublishedWith respect to the third Anders requirement, that counsel inform the appellant of her rights considering counsel’s attempt to withdraw, this Court has held that counsel must “attach to [counsel’s] petition to withdraw a copy of the letter…
- Com. v. Thomforde, D., No. 1357 MDA 2025 (Pa. Super. Ct. July 6, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 752 (Pa.Super. 2005).
- Com. v. Hill, A., No. 1590 EDA 2025 (Pa. Super. Ct. June 23, 2026).unpublished“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- In the Int. of: F.F., Appeal of: T.G., No. 2644 EDA 2025 (Pa. Super. Ct. June 3, 2026).unpublishedId. (quoting Commonwealth v. Millisock, 873 A.2d 748, 752 (Pa. Super. 2005)).
- Com. v. Mallory, M., No. 830 WDA 2025 (Pa. Super. Ct. Apr. 27, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 752 (Pa.Super. 2005).
Show 190 more citing cases
- In the Interest of: C.B., Appeal of: I.Q., 357 A.3d 1015, 2026 PA Super 84 (Pa. Super. Ct. 2026).publishedTo confirm client notification has occurred, counsel must provide a copy of the letter advising the appellant of these rights in conformity with Commonwealth v. Millisock, 873 A.2d 748, 752 (Pa. Super. 2005).
- In the Interest of: C.B., Appeal of: I.Q., No. 899 WDA 2025 (Pa. Super. Ct. Apr. 9, 2026).unpublishedTo confirm client notification has occurred, counsel must provide a copy of the letter advising the appellant of these rights in conformity with Commonwealth v. Millisock, 873 A.2d 748, 752 (Pa. Super. 2005).
- In Re: L..J.J., Appeal of: J.R.M., No. 2855 EDA 2025 (Pa. Super. Ct. Apr. 7, 2026).unpublishedWith respect to the third requirement of Anders, that counsel inform the appellant of her rights in light of counsel’s withdrawal, this Court has held that counsel must “attach to [his] petition to withdraw a copy of the letter sent to [hi…
- In Re: Adopt. of: Z.M.F., a Minor, No. 1012 MDA 2025 (Pa. Super. Ct. Feb. 17, 2026).unpublished“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- Com. v. Piazza, A., No. 220 EDA 2025 (Pa. Super. Ct. Feb. 11, 2026).unpublished“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- In the Int. of: K.L.R., Appeal of: N.L.R., 356 A.3d 850 (Pa. Super. Ct. 2026).unpublished“attach to [her] petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- In Re: Adopt. of: A.S., a Minor, No. 1019 MDA 2025 (Pa. Super. Ct. Jan. 9, 2026).unpublishedWith respect to the third requirement of Anders, that counsel inform the appellant of her rights in light of counsel’s withdrawal, this Court has held that counsel must “attach to [his] petition to withdraw a copy of the letter sent to [hi…
- In the Interest of: E.L.M., a Minor, 352 A.3d 1006 (Pa. Super. Ct. 2025).unpublishedCounsel must also “attach to [a] petition to withdraw a copy of the ____________________________________________ 4 The orphans’ court did not grant termination under Section 2511(a)(1). -8- letter sent to the[] client advising him or her o…
- Com. v. Sierra, L., No. 749 MDA 2025 (Pa. Super. Ct. Dec. 17, 2025).unpublished“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- In the Int. of: J.D.B., Appeal of: N.B., 351 A.3d 212 (Pa. Super. Ct. 2025).unpublishedTo confirm client notification has occurred, counsel must provide a copy of the letter advising the appellant of her rights in conformity with Commonwealth v. Millisock, 873 A.2d 748, 752 (Pa.Super. 2005).
- Com. v. Kowalski, D., No. 257 EDA 2025 (Pa. Super. Ct. Oct. 15, 2025).unpublished“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- In Re: E.K.C., a Minor, 348 A.3d 697 (Pa. Super. Ct. 2025).unpublishedTo confirm client notification has occurred, counsel must provide a copy of the letter advising the appellant of their rights in conformity with Commonwealth v. Millisock, 873 A.2d 748, 752 (Pa.Super. 2005).
- Com. v. Riggle, J., No. 870 WDA 2024 (Pa. Super. Ct. July 31, 2025).unpublished(denying (Footnote Continued Next Page)
- Com. v. Wright, J., No. 2933 EDA 2024 (Pa. Super. Ct. July 28, 2025).unpublished“attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights”
- In the Int. of: R.S.A.D. Appeal of: T.D., 341 A.3d 787, 2025 PA Super 146 (Pa. Super. Ct. 2025).publishedCounsel must also “attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights.” In re J.D.H., 171 A.3d 903, 907 (Pa. Super. 2017) (citing Commonwealth v. Millisock, 873 A.2d 748, 752…
- In the Int. of: A.S., a Minor, 344 A.3d 1100 (Pa. Super. Ct. 2025).unpublishedTo confirm client notification has occurred, counsel must provide a copy of the letter advising the appellant of their rights in conformity with Commonwealth v. Millisock, 873 A.2d 748, 752 (Pa. Super. 2005).
- In the Int. of: O.M., Appeal of: K.C.M., 343 A.3d 190 (Pa. Super. Ct. 2025).unpublished“attach to [his or her] petition to withdraw a copy of the letter sent to [the] client advising him or her of their rights”
- Adoption of K.B.T., Appeal of E.T., No. 1149 WDA 2018 (Pa. Super. Ct. June 27, 2019).unpublished
- Com. v. Jenkins, R., No. 151 EDA 2020 (Pa. Super. Ct. June 23, 2020).unpublished
- In the Int. of: H.H., Appeal of: L.L., 268 A.3d 437 (Pa. Super. Ct. 2021).unpublished
- In the Interest of: M.R.M., A Minor, No. 2689 EDA 2018 (Pa. Super. Ct. Mar. 15, 2019).unpublished
- In Re: L.B., Appeal of: J.H., No. 1296 WDA 2018 (Pa. Super. Ct. Mar. 19, 2019).unpublished
- Adoption of: M.S., Appeal of: K.S., No. 1895 MDA 2018 (Pa. Super. Ct. Apr. 9, 2019).unpublished
- Term. of Par. Rights to M.G.F. & K.F., No. 1145 MDA 2018 (Pa. Super. Ct. Apr. 11, 2019).unpublished
- In the Interest of: C.B., Appeal of: A.K., No. 1957 MDA 2018 (Pa. Super. Ct. Apr. 12, 2019).unpublished
- Com. v. Arnold, D., No. 1028 EDA 2018 (Pa. Super. Ct. Apr. 15, 2019).unpublished
- Com. v. Erwin, A., No. 2275 EDA 2018 (Pa. Super. Ct. Apr. 22, 2019).unpublished
- Com. v. Dealbertis, J., No. 1864 EDA 2018 (Pa. Super. Ct. May 29, 2019).unpublished
- In the Interest of: S.S v. Appeal of: D.R., No. 44 MDA 2019 (Pa. Super. Ct. June 20, 2019).unpublished
- In Re: M.I.S., Jr., Appeal of: K.T.D., No. 60 MDA 2019 (Pa. Super. Ct. July 5, 2019).unpublished
- Com. v. Rodgers, C., No. 2268 EDA 2018 (Pa. Super. Ct. July 11, 2019).unpublished
- Com. v. Meeney, M., No. 3182 EDA 2018 (Pa. Super. Ct. July 11, 2019).unpublished
- Com. v. Anderson, K., No. 1084 MDA 2018 (Pa. Super. Ct. July 12, 2019).unpublished
- In the Int. of: L.R.T.T., Appeal of: D.T., No. 674 EDA 2019 (Pa. Super. Ct. July 30, 2019).unpublished
- Com. v. Redditt, F., No. 1660 MDA 2018 (Pa. Super. Ct. July 31, 2019).unpublished
- In the Int. of: J.C., II., Appeal of: J.C., No. 3656 EDA 2018 (Pa. Super. Ct. Aug. 1, 2019).unpublished
- Com. v. Myers, C., No. 573 EDA 2019 (Pa. Super. Ct. Aug. 27, 2019).unpublished
- Com. v. Andrews, T., No. 570 WDA 2018 (Pa. Super. Ct. Aug. 29, 2019).unpublished
- Com. v. Baldwin, J, No. 829 EDA 2018 (Pa. Super. Ct. Sept. 5, 2019).unpublished
- Com. v. Laffredo, K., 222 A.3d 796 (Pa. Super. Ct. 2019).unpublished
- Com. v. Kerns, S., 224 A.3d 748 (Pa. Super. Ct. 2019).unpublished
- Com. v. Knight, J., IV, 225 A.3d 1135 (Pa. Super. Ct. 2019).unpublished
- In the Interest of: K.A.H.T.E., Appeal of: J.D.T., 225 A.3d 1185 (Pa. Super. Ct. 2019).unpublished
- Com. v. Spada, L., 225 A.3d 1196 (Pa. Super. Ct. 2019).unpublished
- In Re: K.J.K., Appeal of: J.L.C., Mother, 226 A.3d 631 (Pa. Super. Ct. 2020).unpublished
- Com. v. Arnold, D., 226 A.3d 664 (Pa. Super. Ct. 2020).unpublished
- Com. v. Engle, S., 227 A.3d 405 (Pa. Super. Ct. 2020).unpublished
- In the Int. of: T.J.J., Appeal of: T.M.G., 229 A.3d 340 (Pa. Super. Ct. 2020).unpublished
- In the Int. of: A.H.D., Appeal of: A.J., 236 A.3d 1092 (Pa. Super. Ct. 2020).unpublished
- Adoption of: S.S.L.P., Appeal of: S.S.K., 236 A.3d 1115 (Pa. Super. Ct. 2020).unpublished
- Adoption of: K.K., Appeal of: R.F., 236 A.3d 1064 (Pa. Super. Ct. 2020).unpublished
- In the Interest of: I.T., Appeal of R.T., 236 A.3d 1124 (Pa. Super. Ct. 2020).unpublished
- Adoption of: O.J.B., Appeal of: N.B., 236 A.3d 1135 (Pa. Super. Ct. 2020).unpublished
- In the Interest of: L.K. & E.K., Appeal of: D.K., 237 A.3d 471 (Pa. Super. Ct. 2020).unpublished
- Com. v. Gordon, P., No. 1369 MDA 2019 (Pa. Super. Ct. May 28, 2020).unpublished
- In the Int. of: S.T.C., Appeal of: P.C., 237 A.3d 1045 (Pa. Super. Ct. 2020).unpublished
- Adopt. of: A.S., Appeal of: J.S., No. 98 MDA 2020 (Pa. Super. Ct. June 12, 2020).unpublished
- In Re: W.S., Jr., Appeal of: W.A.S., Sr., No. 2045 MDA 2019 (Pa. Super. Ct. June 22, 2020).unpublished
- In the Int. of: T.B., Appeal of: T.A., 240 A.3d 191 (Pa. Super. Ct. 2020).unpublished
- Com. v. Truitt, J., No. 1773 MDA 2019 (Pa. Super. Ct. Aug. 25, 2020).unpublished
- Com. v. Williams, D., No. 115 MDA 2020 (Pa. Super. Ct. Aug. 31, 2020).unpublished
- In the Int. of: C.B., Appeal of: M.J.B., 240 A.3d 902 (Pa. Super. Ct. 2020).unpublished
- Com. v. Morancy, M., No. 129 MDA 2020 (Pa. Super. Ct. Sept. 15, 2020).unpublished
- In the Int. of: D.S.W., Appeal of: D.J.W, 240 A.3d 934 (Pa. Super. Ct. 2020).unpublished
- Com. v. Chambers, M., No. 3547 EDA 2019 (Pa. Super. Ct. Sept. 18, 2020).unpublished
- Adoption of: N.L.S., Appeal of: P.L.S., 240 A.3d 952 (Pa. Super. Ct. 2020).unpublished
- Com. v. Corey, S., No. 141 MDA 2020 (Pa. Super. Ct. Oct. 6, 2020).unpublished
- Adoption of: B.G.S., Appeal of: S.S., 240 A.3d 658, 2020 PA Super 243 (Pa. Super. Ct. 2020).published
- Com. v. Truitt, J., No. 1773 MDA 2019 (Pa. Super. Ct. Oct. 19, 2020).unpublished
- Com. v. Jenkins, R., No. 151 EDA 2020 (Pa. Super. Ct. Oct. 20, 2020).unpublished
- Com. v. Truitt, J., No. 1773 MDA 2019 (Pa. Super. Ct. Dec. 8, 2020).unpublished
- Com. v. Corey, S., No. 141 MDA 2020 (Pa. Super. Ct. Dec. 8, 2020).unpublished
- In Re: C.M.H., a Minor, 249 A.3d 1131 (Pa. Super. Ct. 2021).unpublished
- Com v. Akbar, S., No. 3194 EDA 2019 (Pa. Super. Ct. Feb. 16, 2021).unpublished
- In Re: A.D.S., Appeal of: S.M., Mother, 270 A.3d 1125 (Pa. Super. Ct. 2021).unpublished
- Com. v. Dumay, S., No. 819 MDA 2020 (Pa. Super. Ct. Dec. 20, 2021).unpublished
- In the Int. of: L.Y.M., a Minor, 270 A.3d 1154 (Pa. Super. Ct. 2021).unpublished
- Com. v. Hoberek, C., No. 67 WDA 2021 (Pa. Super. Ct. Jan. 19, 2022).unpublished
- Adopt. of J.L.O., No. 1099 EDA 2021 (Pa. Super. Ct. Jan. 19, 2022).unpublished
- In the Interest of: X.R., Appeal of A.W., 272 A.3d 503 (Pa. Super. Ct. 2022).unpublished
- Com. v. Dukes, S., No. 1917 EDA 2019 (Pa. Super. Ct. Jan. 28, 2022).unpublished
- In Re: G.J.P., Appeal of: B.P., 273 A.3d 1044 (Pa. Super. Ct. 2022).unpublished
- Adoption of: P.A.R., Appeal of: H.J.S., 276 A.3d 214 (Pa. Super. Ct. 2022).unpublished
- In the Int. of: S.S., Appeal of: L.S., 277 A.3d 1132 (Pa. Super. Ct. 2022).unpublished
- Com. v. Show, A., No. 982 MDA 2021 (Pa. Super. Ct. Apr. 21, 2022).unpublished
- In the Interest of: N.M., Appeal of: Q.M., 279 A.3d 1280 (Pa. Super. Ct. 2022).unpublished
- Adoption of J.T.M., Appeal of: J.T.M., 279 A.3d 1273 (Pa. Super. Ct. 2022).unpublished
- In the Int. of: Z.J., Appeal of: J.C., 281 A.3d 1048 (Pa. Super. Ct. 2022).unpublished
- Com. v. Cockerham, M., No. 42 EDA 2022 (Pa. Super. Ct. June 7, 2022).unpublished
- In the Int. of: I.S., Appeal of: M.K., 281 A.3d 1055 (Pa. Super. Ct. 2022).unpublished
- Com. v. Martin, G., No. 795 MDA 2021 (Pa. Super. Ct. July 15, 2022).unpublished
- Com. v. Housler, R., No. 727 WDA 2021 (Pa. Super. Ct. July 18, 2022).unpublished
- In the Int. of: T.R., Appeal of: K.D., 283 A.3d 377 (Pa. Super. Ct. 2022).unpublished
- Adoption of: N.P., Appeal of: S.Z.T., 283 A.3d 387 (Pa. Super. Ct. 2022).unpublished
- Adoption of: D.H., Appeal of: S.Z.T., 283 A.3d 387 (Pa. Super. Ct. 2022).unpublished
- In the Int. of: R.A., Appeal of: J.A., 284 A.3d 912 (Pa. Super. Ct. 2022).unpublished
- In the Int. of: J.J., Appeal of: A.S., 284 A.3d 916 (Pa. Super. Ct. 2022).unpublished
- In the Int. of: L.M.C.R., Appeal of: M.R.C., 284 A.3d 921 (Pa. Super. Ct. 2022).unpublished
- In Re: J.J.M., Appeal of: K.K., 284 A.3d 944 (Pa. Super. Ct. 2022).unpublished
- Adoption of: J.L.H., Appeal of: A.Y., 285 A.3d 921 (Pa. Super. Ct. 2022).unpublished
- Com. v. Woody, D., No. 2366 EDA 2021 (Pa. Super. Ct. Sept. 30, 2022).unpublished
- Com. v. Brown, M., No. 423 WDA 2022 (Pa. Super. Ct. Oct. 14, 2022).unpublished
- Com. v. Gates, K., No. 148 WDA 2022 (Pa. Super. Ct. Oct. 17, 2022).unpublished
- In the Interest of: K.C., Appeal of: N.W.C., 287 A.3d 901 (Pa. Super. Ct. 2022).unpublished
- In the Interest of: L.S., Appeal of: G.T.S., No. 433 WDA 2022 (Pa. Super. Ct. Nov. 4, 2022).unpublished
- In Re: E.D. Appeal of: L.D., No. 1871 EDA 2022 (Pa. Super. Ct. Nov. 29, 2022).unpublished
- In the Int. of: A.C.-L., Appeal of: A.C., 290 A.3d 665 (Pa. Super. Ct. 2022).unpublished
- In the Interest of: L.S., Appeal of: G.T.S., 292 A.3d 1086 (Pa. Super. Ct. 2023).unpublished
- Com. v. Robinson, C., No. 911 EDA 2022 (Pa. Super. Ct. Feb. 22, 2023).unpublished
- Term. of Par. Rights to I.B., Appeal of: J.J., 296 A.3d 576 (Pa. Super. Ct. 2023).unpublished
- In Re: W.A.S., Appeal of: A.G., 296 A.3d 620 (Pa. Super. Ct. 2023).unpublished
- Com. v. Ackridge, A., No. 2186 EDA 2021 (Pa. Super. Ct. Apr. 11, 2023).unpublished
- Com. v. Kellum, J., No. 415 WDA 2022 (Pa. Super. Ct. Apr. 20, 2023).unpublished
- Com. v. Hicks, C., No. 1095 MDA 2022 (Pa. Super. Ct. Apr. 28, 2023).unpublished
- Com. v. Reid, K., No. 1988 EDA 2022 (Pa. Super. Ct. May 10, 2023).unpublished
- Term. of Par. Rights to: A.L., Appeal of: C.L., No. 1647 MDA 2022 (Pa. Super. Ct. June 1, 2023).unpublished
- Adoption of: N.C.H., Appeal of: T.M.H., 301 A.3d 926 (Pa. Super. Ct. 2023).unpublished
- Adoption of: C.D.A., Appeal of: D.C.B., 303 A.3d 741 (Pa. Super. Ct. 2023).unpublished
- Com. v. Campbell, L., No. 1361 WDA 2022 (Pa. Super. Ct. July 28, 2023).unpublished
- In the Int. of: X.N.M.R., Appeal of: D.W., 304 A.3d 733 (Pa. Super. Ct. 2023).unpublished
- In the Int. of: C.S., Appeal of: K.M.R, 304 A.3d 734 (Pa. Super. Ct. 2023).unpublished
- In Re: K.S.: Appeal of: C.S., 304 A.3d 740 (Pa. Super. Ct. 2023).unpublished
- Adoption of S.K. Appeal of: L.C., No. 279 WDA 2023 (Pa. Super. Ct. Aug. 25, 2023).unpublished
- In Re: A.A., Appeal of: C.H., 305 A.3d 1004 (Pa. Super. Ct. 2023).unpublished
- In the Int. of: X.N.M.R., Appeal of: D.W., No. 52 MDA 2023 (Pa. Super. Ct. Oct. 17, 2023).unpublished
- In the Int. of: E.F., Appeal of: A.A., Mother, 307 A.3d 674 (Pa. Super. Ct. 2023).unpublished
- In the Int. of: X.N.M.R., Appeal of: D.W., 309 A.3d 1020 (Pa. Super. Ct. 2023).unpublished
- Com. v. Stevenson, R., No. 1499 WDA 2022 (Pa. Super. Ct. Nov. 17, 2023).unpublished
- In Re: L.A. E. W., Appeal of: L.R.W., No. 752 WDA 2023 (Pa. Super. Ct. Dec. 19, 2023).unpublished
- In the Int. of: P.L.R. a Minor, 311 A.3d 606 (Pa. Super. Ct. 2023).unpublished
- In the Int. of: J.L.L., Appeal of: R.J., 315 A.3d 72 (Pa. Super. Ct. 2024).unpublished
- In the Int. of: S.B.A.I.D., Appeal of: D.S., No. 2414 EDA 2023 (Pa. Super. Ct. Feb. 20, 2024).unpublished
- In the Int. of: B.L., Appeal of: J.K., 315 A.3d 93 (Pa. Super. Ct. 2024).unpublished
- In Re: S.L.S., a Minor Appeal of: T.M.A., Mother, 315 A.3d 100 (Pa. Super. Ct. 2024).unpublished
- In the Int. of: S.B.A.I.D., Appeal of: K.D., No. 2417 EDA 2023 (Pa. Super. Ct. Feb. 29, 2024).unpublished
- Com. v. Cortes, U., No. 1387 EDA 2023 (Pa. Super. Ct. Mar. 20, 2024).unpublished
- Com. v. Cortes, U., No. 1237 EDA 2023 (Pa. Super. Ct. Mar. 20, 2024).unpublished
- In the Interest of: J.K., Appeal of: A.J., 317 A.3d 609 (Pa. Super. Ct. 2024).unpublished
- Com. v. Paden, A., No. 733 MDA 2023 (Pa. Super. Ct. Mar. 25, 2024).unpublished
- In the Int. of: J.L.L., Appeal of: R.J., 318 A.3d 1287 (Pa. Super. Ct. 2024).unpublished
- In Re: K.L.S., a Minor, 318 A.3d 1293 (Pa. Super. Ct. 2024).unpublished
- In the Matter of: Z.L.R.-L., Minor, 321 A.3d 921 (Pa. Super. Ct. 2024).unpublished
- Com. v. Sims, A., No. 1695 EDA 2023 (Pa. Super. Ct. May 14, 2024).unpublished
- Com. v. Ayala, M., No. 876 MDA 2023 (Pa. Super. Ct. May 31, 2024).unpublished
- Com. v. Perry, G., No. 1159 WDA 2023 (Pa. Super. Ct. July 11, 2024).unpublished
- In the Int. of: N.B.C., Appeal of: N.R., 324 A.3d 1229 (Pa. Super. Ct. 2024).unpublished
- Com. v. Villella, A., No. 141 WDA 2024 (Pa. Super. Ct. July 22, 2024).unpublished
- In the Int. of: D.T.J.F., Appeal of: D.H., 326 A.3d 420 (Pa. Super. Ct. 2024).unpublished
- Com. v. Kasey, J., No. 907 MDA 2023 (Pa. Super. Ct. Aug. 15, 2024).unpublished
- In Re: E.H., a Minor, Appeal of: T.H., Father, 326 A.3d 448 (Pa. Super. Ct. 2024).unpublished
- In Re: R.T.L., A Minor Appeal of: R.J.L., Jr., 328 A.3d 492 (Pa. Super. Ct. 2024).unpublished
- In Re: Adoption of: S.D.S Appeal of: J.C., No. 37 WDA 2024 (Pa. Super. Ct. Sept. 24, 2024).unpublished
- Com. v. Wright, J., No. 1155 MDA 2023 (Pa. Super. Ct. Oct. 8, 2024).unpublished
- In Re: Adoption of: D.K.B., a minor, 329 A.3d 626 (Pa. Super. Ct. 2024).unpublished
- In the Int. of: M.F.-O., Appeal of: S.F., 329 A.3d 651 (Pa. Super. Ct. 2024).unpublished
- Com. v. Rivera-Mendieta, F., No. 1482 EDA 2023 (Pa. Super. Ct. Nov. 5, 2024).unpublished
- Com. v. Blango, C., 2024 PA Super 272.published
- In Re: T.W., Appeal of: C.W., 260 A.3d 102 (Pa. Super. Ct. 2021).unpublished
- In Re: J.S., Appeal of: J.S., Sr., 260 A.3d 102 (Pa. Super. Ct. 2021).unpublished
- Com. v. Sturgis, R., No. 196 MDA 2021 (Pa. Super. Ct. Oct. 1, 2021).unpublished
- In the Int. of: S.O.A., Appeal of: D.M., 266 A.3d 620 (Pa. Super. Ct. 2021).unpublished
- Com. v. Kilgus, B., No. 1025 MDA 2020 (Pa. Super. Ct. Oct. 22, 2021).unpublished
- Com. v. Blango, C., 2024 PA Super 282.published
- Com. v. Reed, J., No. 12 EDA 2024 (Pa. Super. Ct. Dec. 5, 2024).unpublished
- In the Int. of: M.Z., Appeal of: F.Z., 332 A.3d 1236 (Pa. Super. Ct. 2024).unpublished
- In the Int. of: F.F., Appeal of: G.F., 266 A.3d 623 (Pa. Super. Ct. 2021).unpublished
- In Re: X.L.B., Appeal of: C.F.B., 335 A.3d 308 (Pa. Super. Ct. 2025).unpublished
- Com. v. Arlotta, J., No. 1010 WDA 2024 (Pa. Super. Ct. Feb. 21, 2025).unpublished
- Com. v. Florentino Batista, M., No. 630 MDA 2024 (Pa. Super. Ct. Mar. 14, 2025).unpublished
- In Re: R.O.H.M., Appeal of: S.M., No. 1112 WDA 2024 (Pa. Super. Ct. Apr. 10, 2025).unpublished
- Com. v. Arlotta, J., No. 1010 WDA 2024 (Pa. Super. Ct. Apr. 15, 2025).unpublished
- In Re: Adoption of E.A.W., Appeal of: J.R., 341 A.3d 69 (Pa. Super. Ct. 2025).unpublished
- Com. v. Florentino Batista, M., No. 630 MDA 2024 (Pa. Super. Ct. May 13, 2025).unpublished
- In the Int. of: A.C.F., Appeal of: M.F., 341 A.3d 106 (Pa. Super. Ct. 2025).unpublished
- In the Int. of: K.L., Appeal of: D.L., No. 187 EDA 2025 (Pa. Super. Ct. June 2, 2025).unpublished
- Com. v. Dolph, R., No. 457 EDA 2025 (Pa. Super. Ct. July 14, 2025).unpublished
- Adopton of: L.I.J., Appeal of: T.J. & S.B.J., No. 658 WDA 2025 (Pa. Super. Ct. Oct. 7, 2025).unpublished
- In Re: A.K., Appeal of: J.K., No. 87 EDA 2025 (Pa. Super. Ct. Oct. 28, 2025).unpublished
- Com. v. Rivera, A., No. 1713 MDA 2024 (Pa. Super. Ct. Nov. 4, 2025).unpublished
- Com. v. Campbell, D., No. 936 EDA 2025 (Pa. Super. Ct. Nov. 21, 2025).unpublished
- In the Int. of: K.M., Appeal of: J.C., 352 A.3d 1014 (Pa. Super. Ct. 2025).unpublished
- I.A. Gonzalez v. P.P.B., No. 1509 C.D. 2024 (Pa. Commw. Ct. Mar. 16, 2026).unpublished
- Com. v. McDonald, B., No. 2488 EDA 2025 (Pa. Super. Ct. May 4, 2026).unpublished
- Com. v. McDonald, B., No. 2349 EDA 2025 (Pa. Super. Ct. May 4, 2026).unpublished
- Com. v. Battle, D., No. 1242 EDA 2025 (Pa. Super. Ct. May 4, 2026).unpublished
- Com. v. Brown, M., No. 627 MDA 2025 (Pa. Super. Ct. June 16, 2026).unpublished
- Com. v. Radney, K., No. 274 WDA 2026 (Pa. Super. Ct. Sept. 22, 2026).unpublished
- Adoption of J.T.M., Appeal of: J.T.M., 287 A.3d 898 (Pa. Super. Ct. 2022).unpublished
- In Re: Adopt of: P.S., No. 1188 MDA 2022 (Pa. Super. Ct. Mar. 13, 2023).unpublished
- In the Int. of: R.H., Appeal of: E.J., 317 A.3d 595 (Pa. Super. Ct. 2024).unpublished
At page 751 Requirements for counsel to withdraw from appeal190 citing casesdescribing notice requirements
- Com. v. Johnson, L., No. 38 WDA 2026 (Pa. Super. Ct. Aug. 31, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Cottom, R., No. 1525 WDA 2025 (Pa. Super. Ct. Aug. 26, 2026).unpublished Commonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- In the Int. of: L.M., Appeal of: S.S., No. 205 EDA 2026 (Pa. Super. Ct. July 7, 2026).unpublished To confirm client notification has occurred, counsel must provide a copy of the letter advising the appellant of their rights in conformity with Commonwealth v. Millisock, 873 A.2d 748, 751 (Pa.Super. 2005).
- Com. v. Lewis, M., No. 2914 EDA 2025 (Pa. Super. Ct. June 30, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Robinson, J., No. 514 WDA 2025 (Pa. Super. Ct. June 2, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005). ____________________________________________ withdraw is deficient, and seeks a hearing before this Court on these claims.
- Com. v. Thirkield, G., No. 381 WDA 2025 (Pa. Super. Ct. May 26, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Fleming, T., No. 116 EDA 2025 (Pa. Super. Ct. May 20, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Stewart, D., No. 205 EDA 2025 (Pa. Super. Ct. May 12, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- D. Carter v. P.P.B., No. 404 C.D. 2024 (Pa. Commw. Ct. Apr. 20, 2026).unpublishedFor these reasons, I would deny without prejudice Counsel’s application to withdraw and direct Counsel to either file an advocate’s brief or to refile a no-merit letter that includes a proper discussion of the third issue, together with a…
- Com. v. Robinson, D., No. 446 EDA 2025 (Pa. Super. Ct. Apr. 7, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
Show 179 more citing cases
- K. Bolden v. P.P.B., No. 1286 C.D. 2024 (Pa. Commw. Ct. Mar. 27, 2026).unpublishedFor these reasons, I would deny without prejudice Counsel’s application to withdraw and direct Counsel either to file an advocate’s brief or to refile a no-merit letter with a renewed application to withdraw supported by attaching his stat…
- Com. v. Blair, K., No. 378 WDA 2025 (Pa. Super. Ct. Feb. 25, 2026).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Giermanski, P., No. 655 MDA 2025 (Pa. Super. Ct. Feb. 19, 2026).unpublishedThe Anders brief presents four issues for our review: A. Whether the sentences imposed are excessive, and contrary to the fundamental norms underlying the sentencing process in this Commonwealth? ___________________________________________…
- C. Eden v. P.P.B., No. 1440 C.D. 2024 (Pa. Commw. Ct. Feb. 18, 2026).unpublishedFor these reasons, I would deny without prejudice Counsel’s application to withdraw and direct Counsel either to file an advocate’s brief or to refile a no-merit letter with a renewed application to withdraw supported by attaching his stat…
- R. Walker v. P.P.B., No. 492 C.D. 2023 (Pa. Commw. Ct. Jan. 7, 2026).unpublished See, e.g., Commonwealth v. Muzzy, 141 A.3d 509, 511-12 (Pa. Super. 2016) (denying PCRA counsel’s petition to withdraw because counsel’s statement to appellant was deficient); Commonwealth v. Millisock, 873 A.2d 748, 751-52 (Pa. Super. 2005…
- Com. v. Grubb, A, No. 475 EDA 2025 (Pa. Super. Ct. Nov. 24, 2025).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Blanks, A., No. 263 WDA 2025 (Pa. Super. Ct. Oct. 7, 2025).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005). -4- Additionally, counsel must file a brief that meets the requirements established in Santiago, namely: (1) provide a summary of the procedural history and facts, with citati…
- Com. v. Vardar, M., No. 1211 WDA 2024 (Pa. Super. Ct. July 29, 2025).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Sexton, T., No. 709 EDA 2024 (Pa. Super. Ct. July 18, 2025).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Walker, A., No. 747 MDA 2024 (Pa. Super. Ct. July 15, 2025).unpublishedPursuant to Anders, when counsel determines that after a conscientious review of the record, there are no non-frivolous issues for review, and seeks to withdraw from representation, counsel must petition the Court for leave to withdraw and…
- Com. v. Dettinger, W., No. 344 MDA 2024 (Pa. Super. Ct. June 24, 2025).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005).
- Com. v. Berrios, C., No. 1686 MDA 2024 (Pa. Super. Ct. June 17, 2025).unpublishedCommonwealth v. Millisock, 873 A.2d 748, 751 (Pa. Super. 2005). -5- Additionally, counsel must file a brief that meets the requirements established in Santiago, namely: (1) provide a summary of the procedural history and facts, with citati…
- Commonwealth v. Wrecks, 934 A.2d 1287 (Pa. Super. Ct. 2007).published
- Commonwealth v. Mitchell, 986 A.2d 1241 (Pa. Super. Ct. 2009).published
- Commonwealth v. Daniels, 999 A.2d 590 (Pa. Super. Ct. 2010).published
- Com. v. Allen, S., No. 2207 MDA 2013 (Pa. Super. Ct. Aug. 20, 2014).unpublished
- Com. v. Dimaggio, K., No. 31 EDA 2014 (Pa. Super. Ct. Aug. 25, 2014).unpublished
- Com. v. Fleming, Jr., R., No. 275 MDA 2014 (Pa. Super. Ct. Sept. 23, 2014).unpublished
- Com. v. Lloyd, M., No. 37 EDA 2014 (Pa. Super. Ct. Oct. 10, 2014).unpublished
- Com. v. Sumo, L., No. 3506 EDA 2013 (Pa. Super. Ct. Oct. 14, 2014).unpublished
- Commonwealth v. Harden, 103 A.3d 107 (Pa. Super. Ct. 2014).published
- Com. v. Briley, R., No. 443 MDA 2014 (Pa. Super. Ct. Nov. 5, 2014).unpublished
- Com. v. Bond, J., No. 604 EDA 2014 (Pa. Super. Ct. Dec. 4, 2014).unpublished
- Com. v. Johnson, E., No. 553 WDA 2014 (Pa. Super. Ct. Dec. 5, 2014).unpublished
- Com. v. Amos, G., No. 1181 MDA 2014 (Pa. Super. Ct. Dec. 18, 2014).unpublished
- Com. v. Stewart, III, H., No. 9 MDA 2014 (Pa. Super. Ct. Dec. 22, 2014).unpublished
- Com. v. Ransome, D., No. 3411 EDA 2013 (Pa. Super. Ct. Jan. 16, 2015).unpublished
- Com. v. Patton, J., No. 1227 EDA 2014 (Pa. Super. Ct. Feb. 10, 2015).unpublished
- Com. v. Warriner, E., No. 354 EDA 2014 (Pa. Super. Ct. Mar. 10, 2015).unpublished
- Com. v. Keys, M., Jr., No. 731 MDA 2014 (Pa. Super. Ct. Mar. 27, 2015).unpublished
- Com. v. Williams, A., No. 1108 WDA 2014 (Pa. Super. Ct. Apr. 13, 2015).unpublished
- Com. v. Ross, N., No. 1208 EDA 2014 (Pa. Super. Ct. Apr. 13, 2015).unpublished
- Com. v. Huff, H., No. 1454 WDA 2014 (Pa. Super. Ct. May 12, 2015).unpublished
- Com.v. Aursby, D., No. 40 EDA 2014 (Pa. Super. Ct. June 3, 2015).unpublished
- Com. v. Williams, D., No. 891 MDA 2014 (Pa. Super. Ct. June 12, 2015).unpublished
- Com. v. Taylor, M., No. 573 EDA 2014 (Pa. Super. Ct. June 17, 2015).unpublished
- Com. v. Dolente, J., No. 3275 EDA 2014 (Pa. Super. Ct. June 17, 2015).unpublished
- Com. v. Gunther, H., No. 1749 EDA 2014 (Pa. Super. Ct. July 7, 2015).unpublished
- Com. v. McMillian, C., No. 1716 MDA 2014 (Pa. Super. Ct. July 29, 2015).unpublished
- Com. v. Gifford, H., No. 778 EDA 2015 (Pa. Super. Ct. Oct. 21, 2015).unpublished
- Com. v. Allen, R., No. 881 WDA 2015 (Pa. Super. Ct. Dec. 11, 2015).unpublished
- Com. v. Brittingham, T., No. 2963 EDA 2014 (Pa. Super. Ct. Jan. 13, 2016).unpublished
- Com. v. Gonzalez-Iriarte, O., No. 94 WDA 2015 (Pa. Super. Ct. Mar. 1, 2016).unpublished
- Com. v. Howard, J., No. 699 EDA 2015 (Pa. Super. Ct. Mar. 16, 2016).unpublished
- Com. v. Raynovich, R., No. 1018 WDA 2015 (Pa. Super. Ct. Apr. 5, 2016).unpublished
- Com. v. Vangoethem, J., No. 1778 EDA 2015 (Pa. Super. Ct. July 11, 2016).unpublished
- Com. v. Cruz-Borrero, C., No. 52 MDA 2016 (Pa. Super. Ct. Sept. 7, 2016).unpublished
- Com. v. Myers, N., No. 1464 WDA 2015 (Pa. Super. Ct. Oct. 6, 2016).unpublished
- Com. v. Henry, J., No. 550 MDA 2016 (Pa. Super. Ct. Oct. 20, 2016).unpublished
- Com. v. Welch, C., No. 926 MDA 2016 (Pa. Super. Ct. Jan. 26, 2017).unpublished
- Com. v. Arrington, M., No. 809 WDA 2016 (Pa. Super. Ct. Mar. 17, 2017).unpublished
- Com. v. Illarionov, V., No. 1838 EDA 2016 (Pa. Super. Ct. Apr. 4, 2017).unpublished
- Com. v. Lewis, L., No. 1106 WDA 2016 (Pa. Super. Ct. Apr. 11, 2017).unpublished
- Com. v. Cunningham, J., No. 2111 MDA 2015 (Pa. Super. Ct. Apr. 13, 2017).unpublished
- Com. v. Lugowski, C., No. 3549 EDA 2016 (Pa. Super. Ct. May 16, 2017).unpublished
- Com. v. Maldonado, P., No. 1504 MDA 2016 (Pa. Super. Ct. June 13, 2017).unpublished
- Com. v. Cool, J., No. 1925 MDA 2016 (Pa. Super. Ct. July 18, 2017).unpublished
- Com. v. Brown, M., No. 690 EDA 2017 (Pa. Super. Ct. Oct. 20, 2017).unpublished
- Com. v. Bressi, A., No. 1791 MDA 2016 (Pa. Super. Ct. Oct. 25, 2017).unpublished
- Com. v. Stark, D., No. 48 WDA 2017 (Pa. Super. Ct. Nov. 22, 2017).unpublished
- Com. v. Linkchorst, J., No. 1017 MDA 2017 (Pa. Super. Ct. Mar. 15, 2018).unpublished
- Com. v. Jordan, C., No. 990 WDA 2017 (Pa. Super. Ct. Mar. 27, 2018).unpublished
- Com. v. McKenzie, B., No. 3001 EDA 2017 (Pa. Super. Ct. May 9, 2018).unpublished
- Com. v. Fosburg, J., No. 1631 WDA 2017 (Pa. Super. Ct. May 16, 2018).unpublished
- Com. v. Hastings, G., No. 753 EDA 2017 (Pa. Super. Ct. May 17, 2018).unpublished
- Com. v. Johnson, L., No. 1502 WDA 2017 (Pa. Super. Ct. May 30, 2018).unpublished
- Com. v. Alford, D., No. 1507 MDA 2017 (Pa. Super. Ct. May 31, 2018).unpublished
- Com. v. Carwell, M., No. 1992 MDA 2017 (Pa. Super. Ct. July 5, 2018).unpublished
- Com. v. Powell, J., No. 1969 EDA 2017 (Pa. Super. Ct. July 9, 2018).unpublished
- Com. v. Hall, B., No. 264 WDA 2018 (Pa. Super. Ct. Sept. 12, 2018).unpublished
- Com. v. Mathis, K., No. 3332 EDA 2017 (Pa. Super. Ct. Sept. 26, 2018).unpublished
- Com. v. King, J., No. 1678 MDA 2017 (Pa. Super. Ct. Oct. 1, 2018).unpublished
- In the Interest Of: C.J.L., Appeal of: R.H., No. 168 EDA 2018 (Pa. Super. Ct. Oct. 10, 2018).unpublished
- Com. v. Walter, M., No. 3431 EDA 2017 (Pa. Super. Ct. Nov. 21, 2018).unpublished
- Com. v. Clemens, D., No. 1576 EDA 2018 (Pa. Super. Ct. Dec. 24, 2018).unpublished
- Com. v. Mayo, S., No. 1952 MDA 2017 (Pa. Super. Ct. Jan. 16, 2019).unpublished
- Adoption of I.A.I.R., Appeal of: N.R., No. 2104 EDA 2018 (Pa. Super. Ct. Jan. 23, 2019).unpublished
- Com. v. Harrell, R., Jr., No. 1120 MDA 2018 (Pa. Super. Ct. Feb. 4, 2019).unpublished
- Com. v. Ramsey, M., No. 1348 MDA 2018 (Pa. Super. Ct. Feb. 25, 2019).unpublished
- Com. v. Noel, D., No. 1366 MDA 2018 (Pa. Super. Ct. Feb. 25, 2019).unpublished
- Com. v. Cacurak, P., No. 1036 WDA 2018 (Pa. Super. Ct. Mar. 12, 2019).unpublished
- Com. v. Smith, C., No. 1284 MDA 2018 (Pa. Super. Ct. Mar. 22, 2019).unpublished
- Com. v. Porter, H., No. 3978 EDA 2017 (Pa. Super. Ct. Apr. 11, 2019).unpublished
- Com. v. Kennedy, H., No. 3341 EDA 2017 (Pa. Super. Ct. Apr. 11, 2019).unpublished
- Com. v. Schillinger, T., No. 1987 EDA 2018 (Pa. Super. Ct. May 6, 2019).unpublished
- Com. v. Mazzella, A., No. 2738 EDA 2018 (Pa. Super. Ct. May 13, 2019).unpublished
- Com. v. Clark, E., Jr., No. 1589 MDA 2018 (Pa. Super. Ct. May 13, 2019).unpublished
- Adoption of K.B.T., Appeal of E.T., No. 1149 WDA 2018 (Pa. Super. Ct. June 27, 2019).unpublished
- Com. v. Harris, E., No. 1127 EDA 2018 (Pa. Super. Ct. July 3, 2019).unpublished
- Com. v. Dabney, R., No. 393 EDA 2019 (Pa. Super. Ct. July 11, 2019).unpublished
- Com. v. Camero, P., No. 3067 EDA 2018 (Pa. Super. Ct. Sept. 24, 2019).unpublished
- Com. v. Camero, P., No. 3065 EDA 2018 (Pa. Super. Ct. Sept. 25, 2019).unpublished
- Com. v. Zampier, M., 222 A.3d 865 (Pa. Super. Ct. 2019).unpublished
- Com. v. Herbert, K., 222 A.3d 866 (Pa. Super. Ct. 2019).unpublished
- Com. v. Church, D., 222 A.3d 864 (Pa. Super. Ct. 2019).unpublished
- Com. v. Madera, J, 224 A.3d 797 (Pa. Super. Ct. 2019).unpublished
- Com. v. Grandoit, S., 225 A.3d 1188 (Pa. Super. Ct. 2019).unpublished
- Com. v. Febres, J., 227 A.3d 442 (Pa. Super. Ct. 2020).unpublished
- Com. v. Peterson, B., No. 852 MDA 2019 (Pa. Super. Ct. Apr. 8, 2020).unpublished
- Com. v. Tuddles, B, No. 2635 EDA 2019 (Pa. Super. Ct. Apr. 29, 2020).unpublished
- Com. v. Stewart, E.J., No. 1674 MDA 2019 (Pa. Super. Ct. June 16, 2020).unpublished
- Com. v. Jenkins, R., No. 151 EDA 2020 (Pa. Super. Ct. June 23, 2020).unpublished
- Com. v. Ball, F., No. 810 MDA 2019 (Pa. Super. Ct. June 23, 2020).unpublished
- Com. v. Covert, J., No. 303 MDA 2020 (Pa. Super. Ct. Sept. 29, 2020).unpublished
- Com. v. Glover, Z., No. 1918 MDA 2019 (Pa. Super. Ct. Oct. 28, 2020).unpublished
- Com. v. Acevedo, A., No. 543 WDA 2020 (Pa. Super. Ct. Nov. 13, 2020).unpublished
- Com. v. Wright, C., No. 455 EDA 2020 (Pa. Super. Ct. Dec. 8, 2020).unpublished
- Com. v. Chipps, N., No. 233 WDA 2020 (Pa. Super. Ct. Jan. 8, 2021).unpublished
- Com. v. Malpasse, R., No. 1269 EDA 2020 (Pa. Super. Ct. Jan. 25, 2021).unpublished
- Com. v. Garcia, J., No. 487 WDA 2020 (Pa. Super. Ct. Jan. 25, 2021).unpublished
- Com. v. Goad, D., No. 633 MDA 2020 (Pa. Super. Ct. Apr. 21, 2021).unpublished
- In the Int. of: H.H., Appeal of: L.L., 268 A.3d 437 (Pa. Super. Ct. 2021).unpublished
- In Re: E.E.W., a Minor, 270 A.3d 1112 (Pa. Super. Ct. 2021).unpublished
- Com. v. Seville, J., No. 1400 MDA 2021 (Pa. Super. Ct. Aug. 4, 2022).unpublished
- Com. v. Sabatell, A., No. 1323 MDA 2021 (Pa. Super. Ct. Aug. 4, 2022).unpublished
- Com. v. Grove, J., No. 1271 WDA 2021 (Pa. Super. Ct. Aug. 8, 2022).unpublished
- Com. v. Youmans, K., No. 2748 EDA 2022 (Pa. Super. Ct. Mar. 27, 2023).unpublished
- Com. v. Tigue, R., No. 2103 EDA 2022 (Pa. Super. Ct. Apr. 11, 2023).unpublished
- Com. v. Dowling, D., No. 6 MDA 2023 (Pa. Super. Ct. Aug. 1, 2023).unpublished
- Com. v. Maas, W., No. 601 MDA 2023 (Pa. Super. Ct. Oct. 11, 2023).unpublished
- Com. v. Patterson, T., No. 913 WDA 2022 (Pa. Super. Ct. Oct. 24, 2023).unpublished
- Com. v. Thompson, J., No. 96 MDA 2023 (Pa. Super. Ct. Nov. 6, 2023).unpublished
- Com. v. Fleming, R., No. 400 MDA 2023 (Pa. Super. Ct. Nov. 20, 2023).unpublished
- Com. v. Sanchez, J., No. 73 MDA 2023 (Pa. Super. Ct. Jan. 2, 2024).unpublished
- Com. v. Coffield, L., No. 456 MDA 2023 (Pa. Super. Ct. Feb. 20, 2024).unpublished
- Adoption of: D.S. Appeal of: K.S., No. 629 WDA 2023 (Pa. Super. Ct. Feb. 29, 2024).unpublished
- Com. v. Bista, S., No. 1159 MDA 2023 (Pa. Super. Ct. Mar. 21, 2024).unpublished
- In the Int. of: T.S., Appeal of: R.S., 319 A.3d 40 (Pa. Super. Ct. 2024).unpublished
- Com. v. Medley, M., No. 984 MDA 2023 (Pa. Super. Ct. Apr. 24, 2024).unpublished
- Com. v. Medley, M., No. 982 MDA 2023 (Pa. Super. Ct. Apr. 24, 2024).unpublished
- Com. v. Saltsgiver, D., No. 1132 WDA 2023 (Pa. Super. Ct. May 7, 2024).unpublished
- Com. v. Aquino-Oquendo, A., No. 974 MDA 2023 (Pa. Super. Ct. May 7, 2024).unpublished
- Com. v. Bista, S., No. 1159 MDA 2023 (Pa. Super. Ct. May 13, 2024).unpublished
- Com. v. Karagiannis, G., No. 1305 EDA 2023 (Pa. Super. Ct. June 20, 2024).unpublished
- Com. v. Deleon, J., No. 1540 MDA 2023 (Pa. Super. Ct. July 25, 2024).unpublished
- Walker, J. v. Walker, C., 321 A.3d 1060, 2024 PA Super 176 (Pa. Super. Ct. 2024).published
- Com. v. Edgington, K., No. 424 WDA 2024 (Pa. Super. Ct. Aug. 15, 2024).unpublished
- Com. v. Dutter, S., No. 1184 EDA 2023 (Pa. Super. Ct. Sept. 23, 2024).unpublished
- Com. v. Gallo, W., No. 331 WDA 2023 (Pa. Super. Ct. Sept. 24, 2024).unpublished
- Com. v. Torres-Colon, C., No. 2510 EDA 2023 (Pa. Super. Ct. Oct. 24, 2024).unpublished
- In Re: G.M., Appeal of: M.B., 331 A.3d 623 (Pa. Super. Ct. 2024).unpublished
- Com. v. Tuddles, B, No. 2635 EDA 2019 (Pa. Super. Ct. Aug. 13, 2021).unpublished
- Com. v. Verga, A., No. 1544 MDA 2020 (Pa. Super. Ct. June 9, 2021).unpublished
- Com. v. Turner, K., No. 1393 MDA 2020 (Pa. Super. Ct. June 29, 2021).unpublished
- Com. v. Gross, J. Jr., No. 1247 MDA 2020 (Pa. Super. Ct. July 27, 2021).unpublished
- Com. v. Lee, T., No. 97 WDA 2021 (Pa. Super. Ct. Aug. 20, 2021).unpublished
- Com. v. McKittrick, K., No. 889 EDA 2021 (Pa. Super. Ct. Nov. 8, 2021).unpublished
- Com. v. Dutter, S., No. 1184 EDA 2023 (Pa. Super. Ct. Nov. 27, 2024).unpublished
- Com. v. Ramos, G., No. 2055 EDA 2023 (Pa. Super. Ct. Dec. 18, 2024).unpublished
- Com. v. Gelatt, A., No. 434 EDA 2024 (Pa. Super. Ct. Dec. 19, 2024).unpublished
- Com. v. Messner, M., No. 3003 EDA 2023 (Pa. Super. Ct. Dec. 30, 2024).unpublished
- In the Interest of: A.L.R., Appeal of: T.R., 334 A.3d 366 (Pa. Super. Ct. 2025).unpublished
- Com. v. Seibert, D., No. 738 EDA 2023 (Pa. Super. Ct. Mar. 1, 2024).unpublished
- Com. v. Shala, J., No. 779 MDA 2023 (Pa. Super. Ct. Mar. 14, 2024).unpublished
- Com. v. Sparrow, C., No. 756 MDA 2023 (Pa. Super. Ct. Mar. 11, 2024).unpublished
- Com. v. Williams, A., Jr., No. 209 MDA 2024 (Pa. Super. Ct. Jan. 29, 2025).unpublished
- Com. v. Coblentz, J., No. 951 EDA 2024 (Pa. Super. Ct. Feb. 19, 2025).unpublished
- Com. v. Byrd, J., No. 1445 EDA 2024 (Pa. Super. Ct. Feb. 19, 2025).unpublished
- Com. v. Brazzle, J., No. 1753 MDA 2023 (Pa. Super. Ct. Feb. 25, 2025).unpublished
- Com. v. Beitler, C., No. 1093 EDA 2023 (Pa. Super. Ct. Mar. 4, 2025).unpublished
- In Re: R.V.G., Appeal of: C.G., No. 272 WDA 2024 (Pa. Super. Ct. Mar. 12, 2025).unpublished
- Com. v. Thompson, E., 2025 PA Super 59.published
- Com. v. Palombia, M., No. 48 WDA 2024 (Pa. Super. Ct. Mar. 14, 2025).unpublished
- In Re: S.S.F., Appeal of: A.O., 336 A.3d 981 (Pa. Super. Ct. 2025).unpublished
- Com. v. Nevel, R., No. 155 WDA 2024 (Pa. Super. Ct. Mar. 26, 2025).unpublished
- Com. v. Brockington, A., No. 2766 EDA 2023 (Pa. Super. Ct. Apr. 2, 2025).unpublished
- In Re: J.O., Appeal of: D.O., 339 A.3d 368 (Pa. Super. Ct. 2025).unpublished
- Com. v. Boutte, S., No. 1199 EDA 2024 (Pa. Super. Ct. Apr. 3, 2025).unpublished
- Com. v. Walker, A., No. 747 MDA 2024 (Pa. Super. Ct. May 7, 2025).unpublished
- Com. v. Aguilar-Urbina, M., No. 1147 MDA 2024 (Pa. Super. Ct. May 21, 2025).unpublished
- Com. v. Fitzpatrick, T., No. 1569 WDA 2024 (Pa. Super. Ct. June 25, 2025).unpublished
- In Re: Adoption of E.A.W., Appeal of: J.R., 344 A.3d 1080 (Pa. Super. Ct. 2025).unpublished
- Com. v. Martinez-Garcia, M., No. 2586 EDA 2024 (Pa. Super. Ct. Aug. 11, 2025).unpublished
- In Re: Adoption of T.C.A., Appeal of: L.C.J., 352 A.3d 967 (Pa. Super. Ct. 2025).unpublished
At page 749 Requiring counsel to advise client of rights27 citing casesholding that counsel must attach copy of letter sent to client advising client of rights
- Com. v. Saccucci, M., No. 1571 MDA 2025 (Pa. Super. Ct. July 16, 2026).unpublishedAttorney Light attached a copy of this letter to brief as required by Commonwealth v. Millisock, 873 A.2d 748, 749 (Pa. Super. 2005), which states that Attorney Light sent Appellant a copy of the Anders brief.2 Having concluded that Attorn…
- Com. v. Dugan, D., No. 1284 WDA 2013 (Pa. Super. Ct. Sept. 18, 2014).unpublished
- Com. v. Allabaugh, S., No. 24 MDA 2014 (Pa. Super. Ct. Sept. 26, 2014).unpublished
- Com. v. Eckert, N., No. 291 MDA 2014 (Pa. Super. Ct. Nov. 13, 2014).unpublished
- Com. v. Lawton, F., No. 1086 EDA 2014 (Pa. Super. Ct. Dec. 16, 2014).unpublished
- Com. v. White, A., No. 2515 EDA 2013 (Pa. Super. Ct. Dec. 22, 2014).unpublished
- Com. v. Pilgrim, M., No. 789 MDA 2014 (Pa. Super. Ct. Jan. 12, 2015).unpublished
- Com. v. Rodriguez-Silva, J., No. 811 MDA 2014 (Pa. Super. Ct. Jan. 13, 2015).unpublished
- Com. v. Midgley, M., No. 874 MDA 2014 (Pa. Super. Ct. Jan. 16, 2015).unpublished
- Com. v. Watkins, N., No. 1054 WDA 2014 (Pa. Super. Ct. Feb. 18, 2015).unpublished
Show 17 more citing cases
- Com. v. Nimley, H., No. 1701 EDA 2014 (Pa. Super. Ct. Mar. 30, 2015).unpublished
- Com. v. Hastings, D., No. 1405 MDA 2014 (Pa. Super. Ct. Apr. 7, 2015).unpublished
- Com. v. Elrod, E., No. 1758 EDA 2014 (Pa. Super. Ct. Apr. 7, 2015).unpublished
- Com. v. Jones, A., No. 2959 EDA 2014 (Pa. Super. Ct. June 23, 2015).unpublished
At page 748 “to facilitate appellate review, ... counsel must attach as an exhibit to the petition to withdraw filed with this court a copy of the letter sent to counsel's client giving notice of the client's rights.”7 citing cases
- Com. v. Dugan, D., No. 1284 WDA 2013 (Pa. Super. Ct. Sept. 18, 2014).unpublished
- Com. v. Eckert, N., No. 291 MDA 2014 (Pa. Super. Ct. Nov. 13, 2014).unpublished
- Com. v. White, A., No. 2515 EDA 2013 (Pa. Super. Ct. Dec. 22, 2014).unpublished
- Com. v. Pilgrim, M., No. 789 MDA 2014 (Pa. Super. Ct. Jan. 12, 2015).unpublished
- Com. v. Midgley, M., No. 874 MDA 2014 (Pa. Super. Ct. Jan. 16, 2015).unpublished
- Com. v. Watkins, N., No. 1054 WDA 2014 (Pa. Super. Ct. Feb. 18, 2015).unpublished
- Com. v. Hastings, D., No. 1405 MDA 2014 (Pa. Super. Ct. Apr. 7, 2015).unpublished
At page 750 Determining timeliness of post-sentence motion and appeal period5 citing casesremanding for an appropriate Anders brief or an advocate’s brief despite preliminary determinations that the appeal was untimely, that this Court apparently lacked jurisdiction and that the appeal should be quashed
- Commonwealth v. Kearns, 896 A.2d 640 (Pa. Super. Ct. 2006).published
- Commonwealth v. Wrecks, 934 A.2d 1287 (Pa. Super. Ct. 2007).published
- Com. v. Young, D., No. 460 EDA 2015 (Pa. Super. Ct. Nov. 16, 2015).unpublished
- Com. v. Lepre, G., No. 272 WDA 2016 (Pa. Super. Ct. Dec. 16, 2016).unpublished
- Com. v. Nye, R., No. 1268 WDA 2017 (Pa. Super. Ct. July 27, 2018).unpublished
v.
Alvin M. MILLISOCK
¶ 1 Appellant, Alvin M. Millisock, appeals from the judgment of sentence entered in the Lancaster County Court of Common Pleas, following his guilty plea to three counts each of aggravated assault[1] and simple assault,[2] and one count each of resisting arrest,[3] obstructing administration of law[4] and disorderly conduct.[5] In addition, Appellant’s counsel has filed an Anders[6] brief and a petition for leave to withdraw as counsel. We conclude that counsel’s petition to withdraw is deficient and, therefore, deny the motion and remand with instructions. We believe that Appellant’s notice of appeal may have been untimely, in which case we would be constrained to quash his appeal, but we have insufficient information upon which to base a conclusion. (See discussion infra). Finally, both to ensure proper notification to the client of that client’s rights upon the filing of an Anders brief and to facilitate appellate review, we hold that counsel must attach as an exhibit to the petition to withdraw filed with this Court a copy of the letter sent to counsel’s client giving notice of the client’s rights.
¶ 2 The relevant facts and procedural history are as follows. On January 10, 2004, in Columbia Borough, Lancaster County, Appellant was involved in a physical altercation with three police officers of the Columbia Borough Police Department, while the officers were effectuating the arrest of another individual. Appellant, represented by appointed counsel Christopher P. Lyden, Esquire, pled guilty to the aforementioned crimes. On May 13, 2004, the trial court imposed the negotiated sentence of concurrent terms of two (2) to four (4) years’ imprisonment for the aggravated assault convictions, and a concurrent sentence of six (6) to twenty-three (23) months’ imprisonment for the obstructing administration of law conviction. All of the other convictions merged for sentencing purposes.
¶ 3 Attorney Lyden filed a motion to withdraw as counsel on May 19, 2004.[7] Appellant then filed a pro se motion to withdraw his guilty plea on May 28, 2004, wherein he alleged that his guilty plea had been involuntary and that counsel had been ineffective by failing to review discovery material with him prior to entry of the plea. The trial court denied the post-sentence motion on June 1, 2004, and Appellant filed a notice of appeal on June 17, 2004. Richard Russell Pugh, Esquire, was appointed to represent Appellant,[8] and raises on Appellant’s behalf the following allegations of error for our review:
1. THE COURT ERRED IN NOT MERGING THE THREE SIMPLE[*750] ASSAULT COUNTS WITH THE THREE AGGRAVATED ASSAULT COUNTS;
2. THE COURT ERRED IN NOT MERGING THE OBSTRUCTING THE ADMINISTRATION OF LAW COUNT WITH THE AGGRAVATED ASSAULT COUNTS;
3. THE COURT ERRED IN NOT MERGING THE RESISTING ARREST COUNT WITH THE OBSTRUCTING THE ADMINISTRATION OF LAW COUNT OR THE AGGRAVATED OR SIMPLE ASSAULT COUNTS;
4. THE COURT ERRED IN NOT MERGING THE DISORDERLY CONDUCT COUNT WITH THE OBSTRUCTING THE ADMINISTRATION OF LAW COUNT, THE RESISTING ARREST COUNT OR THE AGGRAVATED OR SIMPLE ASSAULT COUNTS;
5. THE APPELLANT DID NOT ENTER A VOLUNTARY, KNOWING AND INTELLIGENT PLEA;
6. THE PLEA COLLOQUY DID NOT INFORM APPELLANT OF THE ELEMENTS OF THE CRIMES CHARGED, THE MAXIMUM SENTENCES HE WAS EXPOSED TO, THE RIGHTS WAIVED BY A GUILTY PLEA AND/OR HIS POST-SENTENCING RIGHTS.
(Appellant’s Brief at 7).
¶ 4 Preliminarily, we must determine whether the notice of appeal was timely filed as it affects our jurisdiction to reach the merits of the case. See Commonwealth v. Dreves, 839 A.2d 1122, 1126 n. 4 (Pa.Super.2003) (en banc) (stating we may raise the question of jurisdiction sua sponte) (citation omitted). The Pennsylvania Rules of Criminal Procedure provide that “a written post-sentence motion shall be filed no later than 10 days after imposition of sentence.” Pa.R.Crim.P. 720(A)(1) (emphasis added). An untimely post-sentence motion will not toll the appeal period. Dreves, supra. As the Dreves Court aptly stated:
[Ojrdinarily, when a post-sentence motion is filed[,] an appellant has thirty (30) days from the denial of the post-sentence motion within which to file a notice of appeal. However, by the explicit terms of Pa.R.Crim.P. 720(A)(2), the provision allowing thirty days from the denial of post-trial motions is contingent upon the timely filing of a post-trial motion.
... “[I]n order for the denial of post-sentence motions to become the triggering event, it is necessary that the post-sentence motions be timely filed. [Ajbsent a timely filed post-sentence motion, the triggering event remains the date sentence is imposed.”
Id. at 1127 (quotation omitted).
¶ 5 Instantly, Appellant was sentenced on May 13, 2004, which meant that he had until May 24, 2004, to file a timely post-sentence motion.[9] Appellant did not file his post-sentence motion until May 28, 2004. This untimely motion did not toll the appeal period. See Dreves, supra. Consequently, the “triggering event” remained the judgment of sentence entered on May 13, 2004, and Appellant thus had until June 14, 2004, to file a timely notice of appeal.[10] See Pa.R.A.P. 903(a) (stating[*751] notice of appeal shall be filed within 30 days of the order from which the appeal is taken). Therefore, unless there is an error on the docket with respect to the filing date of June 17, 2004, it appears that Appellant’s notice of appeal was untimely and, accordingly, this appeal would have to be quashed.[11]
¶ 6 We turn our attention next to Attorney Pugh’s Anders brief and petition for leave to withdraw as counsel.
In order for counsel to withdraw from an appeal pursuant to Anders and its Pennsylvania equivalent, Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981), certain requirements must be met:
(1) counsel must petition the court for leave to withdraw stating that after making a conscientious examination of the record it has been determined that the appeal would be frivolous;
(2) counsel must file a brief referring to anything that might arguably support the appeal, but which does not resemble a “no merit” letter or ami-cus curiae brief; and
(3) counsel must furnish a copy of the brief to defendant and advise him of his right to retain new counsel, proceed pro se or raise any additional points that he deems worthy of the court’s attention.
Commonwealth v. Ferguson, 761 A.2d 613, 616 (Pa.Super.2000) (citations omitted). As to the second requirement, we remind counsel who honestly believe the appeal is wholly frivolous that they need not file an advocate’s brief. Commonwealth v. Smith, 700 A.2d 1301, 1303 (Pa.Super.1997) (quotation omitted). However, if there are any issues which may arguably support an appeal, counsel must set them out in “neutral” form, with relevant citations to the law and to the record so that the reviewing court can address the appellant’s contentions. Id. at 1303-04. Where, after a conscientious review, counsel believes there are no such issues, he or she must set forth those issues the appellant wishes to advance as well as any other claims necessary to the effective appellate presentation of those issues.[12] Id.
¶ 7 Instantly, Attorney Pugh filed both an Anders brief and a petition for leave to withdraw as counsel on September 22, 2004. Counsel’s brief does, in fact, comply with the requirements reiterated above. And, counsel’s petition also technically satisfies the above requirements: the petition states 1) that counsel made a conscientious review of the record and concluded that there were no meritorious issues and that the appeal was frivolous; and 2) that Appellant was sent a copy of both the Anders brief and the petition, along with a letter[*752] explaining both “his right to new counsel” and/or his right to raise other issues. The problem lies within counsel’s letter explaining Appellant’s rights, which letter was referenced in counsel’s petition to withdraw, but not attached thereto.
¶ 8 It is thus the third of the procedural requirements of Anders, supra and McClendon, supra which, upon the record before this Court, counsel has not satisfied. Counsel misstated Appellant’s rights in paragraph three of the petition, wherein he informed this Court that the letter he sent to Appellant explained “[Appellant’s] right to new counsel.” This choice of wording incorrectly implies that Appellant is entitled to different court-appointed counsel. Rather, Appellant is entitled only to retain new counsel or to proceed pro se should he choose to do so. See Ferguson, supra. Unfortunately for purposes of our review, counsel failed to attach a copy of his letter to Appellant to counsel’s petition to withdraw as counsel. As a result of the misstatement and the failure to attach a copy of the actual letter, we conclude that the petition to withdraw is deficient.
¶ 9 Although already a matter of practice for most counsel, we opine that the prudent course is to require counsel henceforth to attach to their petition to withdraw a copy of the letter sent to their client advising him or her of their rights. Such a requirement ensures proper notification to the client and relieves this Court of having to make any assumptions in circumstances similar to those in this case, a burden inappropriate for a reviewing court.
¶ 10 For the reasons set forth above, we deny counsel’s motion to withdraw at this time. We instruct counsel either to file an advocate’s brief or to refile his Anders brief. If counsel refiles his Anders brief, he should give accurate notice to Appellant that Appellant has the option either to privately retain a lawyer to file an appellate brief on his behalf or to file a pro se brief. If any brief is filed, we are directing that the issue of this Court’s jurisdiction to entertain an appeal be addressed.
¶ 11 Counsel’s brief and Motion to Withdraw shall be filed within thirty (30) days of the date of this decision. If counsel files an Anders brief, Appellant shall be given the opportunity to file a brief with new counsel or pro se within forty-five (45) days of receipt of present counsel’s Motion to Withdraw.
¶ 12 Motion to withdraw as counsel denied. Panel jurisdiction retained.
18Pa.C.S. § 5104.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
While the motion to withdraw appears on the Lancaster County Court of Common Pleas docket, the motion itself is absent from the certified record. Furthermore, there is no indication on the docket that the trial court disposed of the motion.
Attorney Pugh’s court appointment is also absent from the certified record and there is no indication on the trial court docket that he was appointed. Nevertheless, Attorney Pugh did provide this Court with a copy of the court appointment order when he entered his appearance with this Court.
The tenth day, May 23, 2004, was a Sunday; therefore, Appellant had until the following business day, Monday, May 24, 2004, to file timely post-sentence motions. See 1 Pa.C.S. § 1908.
The thirtieth day, June 12, 2004, was a Saturday; therefore, Appellant had until the[*751] following business day, Monday, June 14, 2004, to file a timely notice of appeal. See 1 Pa.C.S. § 1908.
Unfortunately, due to the procedural posture of this matter, Appellant has not had sufficient opportunity to apprise this Court of the possibility that there may have been an error in the docketing of his notice of appeal. Accordingly, we are constrained to provide him with such an opportunity. See discussion infra. And, it is possible that there may be grounds to claim ineffectiveness of trial counsel. However, the record has not been developed on this issue and, therefore, we cannot entertain the claim on direct appeal. See Commonwealth v. Grant, 572 Pa. 48, 813 A.2d 726 (2002).
We distinguish what is required from counsel seeking to withdraw on direct appeal from what is required when counsel is seeking to withdraw under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546, and files a "no merit” letter in accordance with the dictates of Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988) and Commonwealth v. Finley, 379 Pa.Super. 390, 550 A.2d 213 (1988) (en banc). See Smith, supra.