182 A.3d 476
Pa. Super. Ct.2018Background
- Appellant Daniel Jacob Pier pled no contest to aggravated assault and endangering the welfare of a child after allegedly causing multiple fractures to his infant and failing to obtain medical care.
- On March 8, 2016, Pier was sentenced to 23 to 46 months' incarceration; he filed no direct appeal.
- Pier filed a timely PCRA petition alleging his plea was unknowing and involuntary due to (1) plea counsel's failure to advise him about the standards and right to withdraw a plea pre- vs. post-sentencing, and (2) that his plea flowed from a false, coerced confession to police.
- The PCRA court issued a Pa.R.Crim.P. 907 notice and dismissed the petition without a hearing; Pier appealed.
- At the plea colloquy Pier affirmed he understood his rights, was satisfied with counsel, was not coerced or promised anything, and that his plea was knowing and voluntary.
- The Superior Court affirmed the PCRA court, holding Pier failed to establish counsel was ineffective or that the plea was involuntary.
Issues
| Issue | Pier's Argument | Commonwealth / PCRA Court Argument | Held |
|---|---|---|---|
| Whether plea counsel was ineffective for failing to advise Pier about right/standards for withdrawing a plea pre- vs. post-sentencing | Counsel did not explain distinct legal standards and right to withdraw; that omission deprived Pier of the option to withdraw after learning additional facts | No authority shows counsel must explain nuances of withdrawal standards; plea colloquy established voluntariness and competence | Denied — counsel not shown ineffective on this ground |
| Whether Pier's plea was involuntary because it was induced by a false, coerced confession | Pier contends his confession was coerced and false, and that this led to his no contest plea; he submitted statements supporting recantation | Pier's sworn statements at plea colloquy contradict his later claim; longstanding rule prohibits attacking plea via alleged lies under oath | Denied — plea was voluntary; claims barred by plea colloquy statements |
Key Cases Cited
- Barndt v. Commonwealth, 74 A.3d 185 (Pa. Super. 2013) (standard of review for PCRA court decisions)
- Garcia v. Commonwealth, 23 A.3d 1059 (Pa. Super. 2011) (cited for standard of review)
- Simpson v. Commonwealth, 112 A.3d 1194 (Pa. 2015) (framework for ineffective-assistance claims)
- Moser v. Commonwealth, 921 A.2d 526 (Pa. Super. 2007) (plea voluntariness depends on competent counsel advice)
- Nelson v. Commonwealth, 574 A.2d 1107 (Pa. Super. 1990) (requirements to show confession led to involuntary plea)
- Turetsky v. Commonwealth, 925 A.2d 876 (Pa. Super. 2007) (defendant may not attack plea by asserting he lied under oath)
- Pollard v. Commonwealth, 832 A.2d 517 (Pa. Super. 2003) (statements under oath at plea colloquy bind defendant)
- V.G. v. Commonwealth, 9 A.3d 222 (Pa. Super. 2010) (nolo contendere treated as guilty plea for plea-withdrawal standards)