J-S14015-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

LOUIS RUSHAD CAMPBELL 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1361 WDA 2022

Appeal from the PCRA Order Entered October 21, 2022

In the Court of Common Pleas of Blair County 

Criminal Division at No(s): CP-07-CR-0000872-2017

COMMONWEALTH OF PENNSYLVANIA

v.

LOUIS RUSHAD CAMPBELL 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1374 WDA 2022

Appeal from the PCRA Order Entered October 21, 2022

In the Court of Common Pleas of Blair County 

Criminal Division at No(s): CP-07-CR-0000938-2017

COMMONWEALTH OF PENNSYLVANIA

v.

LOUIS RUSHAD CAMPBELL 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1375 WDA 2022

Appeal from the PCRA Order Entered October 21, 2022

In the Court of Common Pleas of Blair County 

Criminal Division at No(s): CP-07-CR-0000955-2017

COMMONWEALTH OF PENNSYLVANIA :

:

 IN THE SUPERIOR COURT OF

 PENNSYLVANIA
J-S14015-23

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v.

LOUIS RUSHAD CAMPBELL 

Appellant

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: No. 1376 WDA 2022

Appeal from the PCRA Order Entered October 11, 2022

In the Court of Common Pleas of Blair County 

Criminal Division at No(s): CP-07-CR-0000939-2017

BEFORE: PANELLA, P.J., BENDER, P.J.E., and PELLEGRINI, J.*

MEMORANDUM BY PANELLA, P.J.: FILED: July 28, 2023

Louis Rushad Campbell appeals from the order entered in the Blair 

County Court of Common Pleas on October 22, 2022, dismissing Campbell’s 

petitions1filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa. 

C.S.A. §§ 9541-9546. Campbell’s counsel has filed a brief in which he 

concludes there are no non-frivolous issues to raise on appeal.2 As we find 

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* Retired Senior Judge assigned to the Superior Court.

1 Campbell filed separate notices of appeal under the four lower court dockets 

involved. We consolidated the appeals sua sponte as they raised identical 

challenges to the PCRA court’s order. 

2 We note that PCRA counsel has not cited to the proper authorities in his brief 

to support his request to withdraw as counsel based on his finding that there 

are no non-frivolous issues to raise on appeal. When counsel seeks to 

withdraw from representation on collateral appeal, as here, Turner and 

Finley apply. See Commonwealth v. Widgins, 29 A.3d 816, 817 n.2 (Pa. 

Super. 2011) (citing Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988); 

Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc)). On 

its own, counsel’s mistake is not fatal to his application to withdraw, though, 

as we can nevertheless evaluate whether the brief submitted substantially 

satisfies Turner/Finley criteria. See id. at 819. 
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counsel’s attempt to withdraw is deficient, we instruct counsel to correct those 

deficiencies before we may address this appeal on its merits. 

On December 17, 2019, Campbell entered an open nolo contendere plea 

to all counts of the criminal information at the above dockets. Sentencing was 

deferred for preparation of a presentence investigation report. Despite being 

represented by counsel, Campbell filed a pro se motion to withdraw his guilty 

plea. The trial court dismissed the motion without prejudice to allow Campbell 

to file a counseled motion. Counsel subsequently filed a new motion to 

withdraw the guilty plea. The trial court denied the motion and sentenced 

Campbell to an aggregate term of twelve years and three months to twentyfour and one-half years’ incarceration. 

Campbell subsequently filed pro se PCRA petitions under each separate 

docket from December 2020 to January 2021. Counsel was appointed and 

filed an amended PCRA petition, followed by a second amended petition. After 

two evidentiary hearings, the PCRA court denied the PCRA petition on October 

24, 2022. That same day, counsel filed a motion to withdraw as counsel with 

the PCRA court. A hearing on the motion was scheduled. 

Counsel subsequently filed a notice of appeal on Campbell’s behalf in 

order to protect Campbell’s appellate rights. The PCRA court then filed an 

order stating it would take no further action on counsel’s motion to withdraw, 

along with a pro se motion seeking counsel’s withdrawal, due to the notice of 

appeal transferring jurisdiction to this Court. Counsel has since filed a new 
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motion to withdraw with this Court, along with a brief stating there are no 

non-frivolous issues to raise on appeal. 

Before any substantive analysis, we must examine whether PCRA 

counsel has met the procedural requirements for withdrawing as counsel.

Counsel petitioning to withdraw from PCRA representation 

must proceed ... under [Turner], and [Finley] ... Turner/Finley

counsel must review the case zealously. Turner/Finley counsel 

must then submit a “no-merit” letter to the trial court, or brief on 

appeal to this Court, detailing the nature and extent of counsel's 

diligent review of the case, listing the issues which the petitioner 

wants to have reviewed, explaining why and how those issues lack 

merit, and requesting permission to withdraw. 

Counsel must also send to the petitioner: (1) a copy of the “nomerit” letter/brief; (2) a copy of counsel's petition to withdraw; 

and (3) a statement advising petitioner of the right to proceed pro 

se or by new counsel. 

If counsel fails to satisfy the foregoing technical 

prerequisites of Turner/Finley, the court will not reach the merits 

of the underlying claims but, rather, will merely deny counsel's 

request to withdraw. Upon doing so, the court will then take 

appropriate steps, such as directing counsel to file a proper 

Turner/Finley request or an advocate's brief. 

However, where counsel submits a petition and no-merit 

letter that do satisfy the technical demands of Turner/Finley, the 

court—trial court or this Court—must then conduct its own review 

of the merits of the case. If the court agrees with counsel that the 

claims are without merit, the court will permit counsel to withdraw 

and deny relief. By contrast, if the claims appear to have merit, 

the court will deny counsel's request and grant relief, or at least 

instruct counsel to file an advocate's brief.

Commonwealth v. Wreck, 931 A.2d 717, 721 (Pa. Super. 2007) (some 

citations omitted) 

Here, counsel submitted a brief with this Court which concludes there 

are no non-frivolous issues to raise on appeal. This conclusion appears to be 
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based solely on the PCRA court’s opinion. See Appellant’s Brief, at 6. Counsel 

does not detail the extent of his review, evaluate any issues, nor even mention 

any issues. 

In addition, while counsel included a copy of a letter sent to Campbell, 

there is no indication that a copy of his petition to withdraw and accompanying 

brief was ever sent to Campbell. On the contrary, the letter to Campbell 

indicated the petition to withdraw will be forthcoming but had not yet been 

filed. See Application to Withdraw As Counsel, 1/18/23, Exhibit A. 

Further, “in an appeal from the denial of a PCRA petition, if counsel files 

a petition to withdraw as appellate counsel in this Court, the letter to the client 

[] shall inform the PCRA petitioner that upon the filing of counsel's petition to 

withdraw, the petitioner-appellant has the immediate right to proceed in the 

appeal pro se or through privately-retained counsel.” Commonwealth v. 

Muzzy, 141 A.3d 509, 512 (Pa. Super. 2016). While counsel’s letter to 

Campbell informs Campbell of his right to proceed with or without an attorney, 

it is not clear that that right may be exercised immediately. See Application 

to Withdraw As Counsel, 1/18/23, Exhibit A.

Accordingly, we deny the motion to withdraw currently before us, and 

we direct counsel to either file an advocate's brief or a petition to withdraw 

that meets the requirements pursuant to Turner/Finley within 15 days. If 

counsel elects to file a petition to withdraw, he must also comply with the 

notice requirements of Commonwealth v. Millisock, 873 A.2d 748, 752 (Pa. 
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Super. 2005), and file proof thereof with this Court. Namely, counsel must 

attach to the petition a copy of a letter sent to Campbell, fully advising him of 

his immediate right, either pro se or with privately retained counsel, to file a 

brief on any additional points he deems worthy of review, and advise Campbell 

that he may respond, within 30 days of counsel's letter, to counsel's brief, if 

he so chooses. The Commonwealth will then have 30 days to respond to 

anything filed by current PCRA counsel or Campbell.

PCRA counsel to file an application to withdraw within fifteen (15) days 

of the date this memorandum is filed and provide notice pursuant to 

Turner/Finley. Campbell may respond to the application within thirty (30) 

days of the date of the letter notifying him of the application to withdraw. In 

the alternative, PCRA counsel may file an advocate's brief within fifteen (15) 

days of the date of this memorandum. In either event, the Commonwealth 

will be permitted to file a response to such filings, by either PCRA counsel or 

Campbell, within thirty (30) days of the date they are filed in this Court.

Motion to withdraw denied. Panel jurisdiction retained.