Com. v. Barnhill, D.
Com. v. Barnhill, D. No. 709 MDA 2016
Pa. Super. Ct.Feb 28, 2017Background
- Barnhill was convicted after a four-day bench trial of first-degree murder and sentenced to life imprisonment.
- On direct appeal, this Court affirmed the conviction, rejecting suppression and evidence-exclusion claims.
- Barnhill filed a pro se PCRA petition; counsel later filed an amended petition raising ineffective assistance based on an alleged unknowing waiver of his jury-trial right.
- The PCRA hearing focused solely on whether trial counsel inadequately advised Barnhill about his right to a jury trial before he waived it.
- The PCRA court found the written waiver valid and that counsel’s representation was effective; it denied relief on April 26, 2016.
- PCRA counsel filed a Turner/Finley no-merit letter and motion to withdraw; the Superior Court granted withdrawal and independently reviewed and affirmed the PCRA court’s denial.
Issues
| Issue | Barnhill's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to fully advise Barnhill of his right to a jury trial, producing an unknowing waiver | Counsel failed to competently advise, so waiver was unknowing and involuntary | Written waiver and on-the-record colloquy plus testimony show waiver was knowing; counsel was effective | PCRA court’s factual findings supported; waiver valid and counsel effective; claim denied |
Key Cases Cited
- Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012) (standard of review for PCRA dismissal)
- Commonwealth v. Lassiter, 722 A.2d 657 (Pa. 1998) (articulating ineffectiveness test/context)
- Commonwealth v. Burno, 94 A.3d 956 (Pa. 2014) (failure to satisfy any prong of ineffectiveness test requires rejection)
- Commonwealth v. Spotz, 870 A.2d 822 (Pa. 2005) (ineffectiveness test framework)
- Commonwealth v. Widgins, 29 A.3d 816 (Pa. Super. 2011) (requirement that appellate court independently review Turner/Finley withdrawal)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedural requirements for no-merit withdrawal)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (procedural requirements for no-merit withdrawal)
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (related procedural guidance on PCRA appellate review)
- Commonwealth v. Friend, 896 A.2d 607 (Pa. Super. 2006) (procedural discussion referenced concerning withdrawal)