Com. v. Barnes, T.
Com. v. Barnes, T. No. 1918 MDA 2016
| Pa. Super. Ct. | Jul 26, 2017Background
- On March 4, 2013, Courtney Jackson was found shot multiple times and later died; surveillance and phone records connected him to Tyya M. Barnes and co-defendant Shane Holloway. Barnes’s phone number placed the last call to Jackson shortly before the shooting; a witness (godsister) reported Barnes admitted he and Holloway shot Jackson.
- Police recovered .40 and .25 caliber casings and Jackson’s phone; security footage showed Jackson meeting Barnes and Holloway and walking off with them.
- A jury convicted Barnes of second-degree murder, robbery, conspiracy, and carrying a firearm without a license; Barnes received a life sentence on June 12, 2014.
- Barnes’s initial appeal was dismissed for failure to file a brief; PCRA relief reinstated his direct appeal rights nunc pro tunc. Appellate counsel (Shreve) filed an Anders brief and petition to withdraw on appeal.
- The Anders brief raised a single issue (use of a facsimile signature by a magisterial district judge on the criminal complaint) but failed to comply with Santiago/Anders technical requirements (no factual summary, no record citations, did not state why the issue was frivolous or include required reasons; brief also contained errors such as misgendering the appellant).
- The Superior Court declined to accept counsel’s withdrawal request, denied relief applications without prejudice, and remanded for the filing of a proper Anders or merits brief within 45 days; the court did not reach the merits of the magistrate-signature issue.
Issues
| Issue | Barnes' Argument | Commonwealth/Defense Argument | Held |
|---|---|---|---|
| Whether appellate counsel complied with Anders/Santiago so as to be permitted to withdraw | Counsel submitted an Anders brief and sought withdrawal | Court found the Anders brief deficient (no factual summary, no record citations, failed to state/justify frivolousness, other indicia counsel did not adequately review the record) | Counsel’s petition to withdraw DENIED; case REMANDED for a proper Anders or merits brief within 45 days |
| Whether a magisterial district judge may use a facsimile signature on the criminal complaint (the substantive issue raised in counsel’s brief) | Appellant sought to raise that the magistrate’s facsimile initial/signature was improper | Commonwealth had not yet litigated the merits before the Superior Court because of procedural defect in counsel’s Anders filing | Not decided on merits; court declined to review pending proper Anders/merits brief |
Key Cases Cited
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (sets requirements for Anders briefs in Pennsylvania)
- Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (court must first examine counsel’s request to withdraw under Anders before reviewing merits)
- Commonwealth v. Nischan, 928 A.2d 349 (Pa. Super. 2007) (counsel must supply client with Anders brief and letter advising appeal options)
- Commonwealth v. Orellana, 86 A.3d 877 (Pa. Super. 2014) (procedural guidance on Anders compliance and client response rights)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (court may independently review the record for non-frivolous issues only after Anders compliance)
- Commonwealth v. Ellis, 626 A.2d 1137 (Pa. 1993) (prohibits hybrid representation on appeal)