IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 316 MAL 2018
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
PATRICK TIGHE, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 15th day of October, 2018, the Petition for Allowance of Appeal is
GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to the
remaining issue. The issues, as stated by petitioner, are:
(1) In an issue of first impression, after a knowing, voluntary and
intelligent Faretta colloquy where the trial court approves the
right of self-representation during a criminal trial, whether the
trial court can thereafter limit or deny the guaranteed right to
self-representation by forcing standby counsel to participate
during the trial for reasons other than waiver or forfeiture of
that right?
(2) Whether the Superior Court disregarded the limits set for
standby counsel by Pennsylvania Rule of Criminal Procedure
121(D) and legal precedent reached in Commonwealth v.
Spotz, 47 A.3d 63 (Pa. 2012), by authorizing standby counsel
to participate during trial before jury over the objections of the
accused and absent waiver or forfeiture of the accused’s right
to self-representation?
(3) Whether it was sufficiently established that the minor victim
would suffer emotional trauma making her unable to
reasonably communicate if questioned by the accused during
trial thereby making it necessary to deny and/or limit the right
to self-representation?
[316 MAL 2018] - 2