Com. v. Barnes, T.
1918 MDA 2016
| Pa. Super. Ct. | Sep 8, 2017Background
- On March 4, 2013, Courtney Jackson was found shot multiple times and later died; surveillance showed him meeting Tyya M. Barnes and Shane Holloway before the shooting.
- Police recovered .40 and .25 caliber shell casings and Jackson’s phone showed a call from a number belonging to Barnes minutes before the shooting.
- Barnes allegedly admitted to his godsister that he and Holloway shot Jackson, claiming the shooting was accidental.
- A jury convicted Barnes of second-degree murder, robbery, conspiracy, and carrying a firearm without a license; the court sentenced him to life imprisonment on June 12, 2014.
- Barnes’s direct appeal was initially dismissed for failure to file a brief; after a PCRA petition his direct appeal rights were reinstated nunc pro tunc.
- Appellate counsel filed an Anders brief raising one issue: whether a magistrate judge’s initials in lieu of a signature on the criminal complaint rendered it legally insufficient; the Superior Court conducted the mandatory Anders/Santiago review and found the claim frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a magistrate judge’s initials in place of a signature on the criminal complaint render the complaint legally insufficient | Barnes: initials replace required signature so complaint is deficient | Commonwealth/Counsel: facsimile/initials permissible; no prejudice to Barnes; precedent allows nontraditional signatures | Court: claim is frivolous; initials/facsimile do not render complaint invalid and no reversible prejudice shown |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (establishes procedures for appointed counsel to withdraw when appeal is frivolous)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (specifies required content for Anders-type briefs in Pennsylvania)
- Commonwealth v. Emanuel, 462 A.2d 653 (Pa. 1983) (facsimile signatures permissible on criminal complaints)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (authorizes independent review by appellate court after Anders/Santiago compliance)
- Commonwealth v. Goodwin, 928 A.2d 287 (Pa. Super. 2007) (en banc) (explains appellate court must review counsel’s request to withdraw before reviewing underlying issues)