Commonwealth v. McClendon

The Pennsylvania Supreme Court in Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981), set out the modern standard for the steps a court-appointed attorney must take in order to withdraw from representation of a criminal defendant in a direct appeal. The Supreme Court stated that, in order to withdraw, the attorney must: (1) notify the court and the defendant of his belief that the appeal is wholly frivolous and of his intent to withdraw; (2) provide a brief to the court and the defendant which includes any matter in the record that could arguably support the defendant's appeal; (3) advise the defendant of "his right to retain new counsel" or proceed pro se. McClendon, 495 Pa. at 470-72, 434 A.2d at 1186-87. The Pennsylvania Supreme Court stated that, in order to withdraw from representation of a criminal defendant in a direct appeal, court-appointed counsel must: (1) notify the court and the defendant of his belief that the appeal is wholly frivolous and of his intent to withdraw; (2) provide a brief to the court and the defendant which includes any matter in the record that could arguably support the defendant's appeal; (3) advise the defendant of "his right to retain new counsel" or proceed pro se. Id. at 470-74, 434 A.2d at 1186-88.