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Commonwealth v. Murray11/13/2003
voluntarily, it provides us with little or no insight into whether a defendant has done so knowingly and intelligently. While we might be able to discern a certain level of legal acumen from Appellant's pro se filings, we cannot surmise from them whether Appellant appreciates the risks of forfeiting his right to counsel. Further, in Grazier, our Supreme Court has instructed us to hold a hearing in cases of this kind to protect a defendant's right to proceed pro se and to ensure a defendant understands the risks of his decision to proceed without trained counsel. Finally, the panel in Brady cited Grazier for the proposition that an on-the-record colloquy is unnecessary where the cold record demonstrates that the appellant adamantly wished to waive his right to counsel. Brady, 741 A.2d at 763. A careful reading of Grazier reveals that the Supreme Court never made such a declaration.
7 As I do not find that our Court's decision in Brady comports with our Supreme Court's decision in Grazier or with our Court's decisions in Powell and Meehan, I would ask this Court to consider overruling it in an en banc session. Consistent with the dictates of Grazier, I would remand for a hearing to determine whether Appellant's decision to proceed pro se was made knowingly, voluntarily and intelligently.
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