Com. v. Allen, I.
218 EDA 2017
| Pa. Super. Ct. | Nov 13, 2017Background
- Isiah A. Allen pleaded guilty in six consolidated cases to multiple counts of retail theft, conspiracy, and possession of an instrument of crime for stealing phones/tablets from carriers between Jan–Feb 2014.
- Sentenced on August 13, 2015 to concurrent terms of 1.5–5 years, with credit for time served to be determined by DOC; no post-sentence motion or direct appeal was filed.
- Allen filed a pro se PCRA petition on December 11, 2015; counsel was appointed and amended the petition asserting ineffective assistance of plea counsel.
- PCRA court issued a Rule 907 notice and dismissed the petition on December 15, 2016 without an evidentiary hearing; Allen appealed, arguing the court should have held a hearing on counsel’s alleged ineffectiveness.
- Central factual dispute: Allen claims plea counsel misrepresented the time-credit he would receive for time served, which he contends rendered his plea unknowing/invalid; the record (plea colloquy, written waivers, PSI, and counsel’s statements at sentencing) contradicts that claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an evidentiary hearing was required on Allen’s claim that plea counsel was ineffective for misrepresenting time credit | Allen: counsel misled him about time-credit; if believed, factual disputes require a hearing and could show plea was unknowing | Commonwealth/PCRA court: the record (oral and written colloquies, counsel’s on-the-record statements, PSI) shows no misrepresentation; claim lacks factual support | Denied — no hearing required because Allen’s allegations contradict his sworn plea statements and record shows no genuine issue of material fact |
Key Cases Cited
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (three-part ineffective assistance test)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (prejudice standard for ineffective assistance)
- Commonwealth v. Barndt, 74 A.3d 185 (Pa. Super. 2013) (ineffectiveness in plea context requires showing plea became unknowing/involuntary)
- Commonwealth v. Payne, 794 A.2d 902 (Pa. Super. 2002) (standards for denying PCRA hearing when petition is frivolous or unsupported)
- Commonwealth v. Ligons, 971 A.2d 1125 (Pa. 2009) (no hearing required where factual proffer, even if believed, fails to establish a substantive claim)
- Commonwealth v. Pollard, 832 A.2d 517 (Pa. Super. 2003) (defendant bound by statements made under oath at plea colloquy)