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2005 Pa. Super. 431

890 A.2d 410

Commonwealth v. Steckel

Superior Court of Pennsylvania

Decided December 29, 2005

Superior Court of Pennsylvania · decided 2005-12-29

Relies on Gideon v. Wainwright · Commonwealth Ex Rel. O'Lock v. Rundle · Commonwealth v. Barnette

Decided 2005-12-29

¶1DISSENTING STATEMENT BY

McEwen, P.J.E.:

¶2¶ 1 While the Opinion of the Majority reflects a careful analysis and provides a perceptive expression of position, I am unable to join in the view that the denial of the fundamental constitutional right to counsel is interlocutory. See: Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963); Commonwealth ex rel. O’Lock v. Rundle, 415 Pa. 515, 204 A.2d 439 (1964). The thought occurs that if, upon remand, appellant seeks and is denied in forma pauperis status, that Order is appealable, Grant v. Blaine, 582 Pa. 1, 868 A.2d 400 (2005), and the trial in this case will be further delayed. More essentially, however, I am simply unable to compel a defendant to proceed to trial without providing him representation, since I am convinced that any conviction which follows will be overturned upon appeal. See: Commonwealth v. Barnette, 445 Pa. 288, 285 A.2d 141 (1971).

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