Com. v. Barnett, M.
345 WDA 2016
| Pa. Super. Ct. | Nov 4, 2016Background
- On May 21-22, 2014 Erie police, acting on a long‑used confidential informant's tip about a burgundy Ford van (plate JML4554) linked to recent and anticipated shootings, located and surveilled the van.
- Officers observed a black male enter and later drive the van; after reports of shots fired elsewhere the van returned and fled when officers activated lights/siren; a silver object was tossed from the driver’s window and the van crashed into house steps.
- Officers detained and arrested Marquise Barnett after he exited the van; two firearms were recovered (one tossed from the van, one that fell from Barnett), one with an obliterated serial number and one later reported stolen.
- Barnett filed suppression and Rule 600 (speedy‑trial) motions; initial suppression denial (Nov. 14, 2014) was followed by a nolle prosequi and refiling when forensic testing connected the guns to a separate shooting. A Rule 600 dismissal motion was denied (Nov. 13, 2015).
- At a November 2015 jury trial Barnett was convicted of persons not to possess a firearm and firearms not to be carried without a license; other charges tied to the house shooting were dismissed; sentence imposed in Jan. 2016.
Issues
| Issue | Commonwealth's Argument | Barnett's Argument | Held |
|---|---|---|---|
| Legality of traffic stop / investigatory detention | CI was long‑reliable; officers corroborated specific predictive details (van, plate, location, suspect description, shots fired) establishing reasonable suspicion | Stop rested solely on unverified informant tip; insufficient to justify seizure | Denied suppression: totality of circumstances and CI corroboration gave reasonable suspicion to stop |
| Rule 600 speedy‑trial after nolle/pros and refiling | Forensic report received day of trial was beyond Commonwealth's control; Commonwealth exercised due diligence; refiling not to circumvent Rule 600 | Nolle pros and refiling delayed prosecution and violated Rule 600 | Denied dismissal: withdrawal/refiling justified by factors beyond control and due diligence satisfied; no circumvention |
| Jury instruction to disregard evidence of Woodlawn Ave. shooting (charges later dismissed) | N/A (Commonwealth had charges dismissed at close of its case) | Trial court should have given a cautionary instruction directing jury to ignore evidence tied to dismissed charges | Waived on appeal: Barnett failed to contemporaneously object at trial, so issue not preserved |
| Sufficiency at preliminary/prima facie stage for multiple charges (e.g., firearms, fleeing) | Circumstantial evidence showed Barnett was sole occupant/driver, tossed gun from vehicle, had object fall from person, and record prohibited firearm possession—sufficient prima facie case | Insufficient proof linking Barnett to driving, possession, or deliberate conduct required for charges | Court found prima facie evidence sufficient to proceed to trial on those counts |
Key Cases Cited
- Commonwealth v. Brown, 996 A.2d 473 (Pa. 2010) (informant tips can justify investigative stops when verified)
- Commonwealth v. Luv, 735 A.2d 87 (Pa. 1999) (corroboration of an informant’s tip can establish probable cause)
- Commonwealth v. Griffin, 954 A.2d 684 (Pa. Super. 2008) (predictive or specific corroboration increases informant reliability)
- Commonwealth v. Meadius, 870 A.2d 802 (Pa. 2005) (run date for Rule 600 computed from refiling when withdrawal/refiling caused by factors beyond Commonwealth’s control and due diligence shown)
- Commonwealth v. Schaffer, 712 A.2d 749 (Pa. 1998) (dismissal is extreme sanction and reserved for egregious prosecutorial misconduct)
- Commonwealth v. Goldman, 70 A.3d 874 (Pa. 2013) (standards governing when dismissal for Rule 600 violations is appropriate)
- Commonwealth v. Ali, 10 A.3d 282 (Pa. 2010) (contemporaneous trial objection required to preserve claimed jury‑instruction errors)
- Commonwealth v. Santos, 876 A.2d 360 (Pa. 2005) (prima facie standard at preliminary hearing requires evidence of material elements to proceed)