Com. v. Alexander, G.
232 MDA 2017
| Pa. Super. Ct. | Sep 20, 2017Background
- On June 11, 2014 Appellant Garfield Alexander allegedly assaulted his wife and stabbed his stepson, Dyshawn Cunningham, who identified Alexander at trial; victim suffered multiple stab wounds and was hospitalized.
- Commonwealth charged Alexander with multiple offenses including aggravated assault, terroristic threats, simple assault, recklessly endangering another person, unlawful restraint, and attempt-aggravated assault; jury acquitted on attempt-homicide but convicted on the listed counts.
- Prior to trial the Commonwealth moved under Pa.R.E. 404(b) to admit the victim’s mother (Alexander’s wife) testimony about earlier incidents of domestic abuse and a PFA petition; the trial court granted the motion.
- During trial the court admitted the prior-bad-act evidence as showing motive, malice, intent, ill will, and as part of a chain/sequence of events leading to the charged incident, and gave repeated limiting instructions to the jury on use of that evidence.
- During trial a seated juror expressed a moral objection to judging criminal defendants and difficulty being impartial; the court excused that juror and seated an alternate.
- Alexander did not file a direct appeal; after a PCRA petition his right to appeal was reinstated nunc pro tunc; he appealed raising two issues: admissibility of the 404(b) evidence and exclusion of the juror.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of prior-bad-act evidence under Pa.R.E. 404(b) | Commonwealth: prior incidents show chain/sequence, motive, malice, intent; probative value > prejudice | Alexander: testimony was inflammatory, minimally probative, unfairly prejudicial | Court upheld admission; prior incidents formed natural development and were admissible with limiting instructions |
| Excusal of a seated juror | Commonwealth: trial court may protect impartiality; alternate may replace disqualified juror | Alexander: excusal abused discretion (argued on appeal) | Court affirmed excusal; juror’s stated moral inability to be impartial justified replacement |
Key Cases Cited
- Commonwealth v. Gill, 158 A.3d 719 (Pa. Super. 2017) (standard of review for evidentiary rulings)
- Commonwealth v. Winslowe, 158 A.3d 698 (Pa. Super. 2017) (Pa.R.E. 404(b) balancing of probative value and prejudice)
- Commonwealth v. Drumheller, 808 A.2d 893 (Pa. 2002) (prior abuse/PFA evidence admissible to show chain/sequence, motive, malice, intent)
- Commonwealth v. Treiber, 874 A.2d 26 (Pa. 2005) (trial court discretion to discharge juror; review for palpable abuse of discretion)