Commonwealth v. Daniels

As Judge JOHNSON’S opinion makes plain, the appellant did not himself waive his Rule 1100 rights; his attorney assumed to do that for him, without consulting him.

In Commonwealth v. Laudenslager, 259 Pa.Super. 118, 393 A.2d 745 (1978), Judge HOFFMAN expressed the opinion that

in order for an attorney to waive those rights, [i. e., a defendant’s rights under Rule 1100] on a client’s behalf, there must be an on-the-record indication that the attorney and client discussed the nature and consequences of the decision and that the client knowingly and voluntarily assented to the attorney’s course of…