Com. v. Bey, H.
3712 EDA 2016
| Pa. Super. Ct. | Dec 14, 2017Background
- In Sept. 2000 Moses Williams was killed; several eyewitnesses (including Chante Wright and Duane Clinkscales) identified Hakim Bey as the shooter; several eyewitnesses were later murdered or shot.
- Bey was tried in Sept. 2008, convicted of first-degree murder and related offenses, and sentenced to life without parole plus concurrent and consecutive terms for assaults and PIC counts.
- The case had been nol-prossed in 2004 after an eyewitness (Wright) failed to appear; charges were later reinstated in 2007 after Wright was located and placed in federal protective custody; Wright was later murdered.
- Bey filed a timely PCRA petition alleging many instances of ineffective assistance of trial counsel (failure to advise re: right to testify, failure to call witnesses, failure to raise double jeopardy/speedy-trial claims, failure to move for mistrial for judge protection detail, objections to jury instructions, and prejudice from the court’s correction of a disputed photograph).
- The PCRA court dismissed the petition without an evidentiary hearing; the Superior Court affirmed, finding Bey’s claims meritless or waived and that the record supported the PCRA court’s findings.
Issues
| Issue | Plaintiff's Argument (Bey) | Defendant's Argument (Commonwealth / PCRA court) | Held |
|---|---|---|---|
| Right to testify | Counsel failed to advise Bey the decision to testify was his; Bey believed counsel decided for him | Trial court conducted on-the-record colloquy; Bey personally acknowledged discussing pros/cons and stated he did not want to testify | Denied — waiver was knowing, voluntary, intelligent; no interference with right to testify (claim lacks merit) |
| Failure to call witnesses (Sharita Williams, Cayanna Brown) | These witnesses would have exculpatory testimony that Wright said Bey was not involved; were available | No signed witness certifications were provided; record shows at trial Williams refused to cooperate; Brown’s new theory on appeal was unpreserved | Denied — claims waived/unsupported and no demonstrated prejudice from missing testimony |
| Double jeopardy from 2004 nolle pros | Jury had been sworn in 2004 before nolle pros so jeopardy attached and counsel should have moved to dismiss | Record does not show jury was sworn; notes of 2004 hearing not in certified record; Commonwealth’s nol pros was without prejudice and could be reopened | Denied / waived — appellant failed to ensure record completeness and cannot show jeopardy attached |
| Pretrial delay / speedy trial (8‑year delay) | Eight‑year delay (arrest to trial) prejudiced defense; counsel ineffective for not moving to dismiss under Rule 600 and constitutional speedy-trial standards | Delay resulted from unavailability of critical eyewitness Wright and threats to witnesses; Commonwealth acted with due diligence; trial counsel argued the delay when appropriate | Denied — delay justified by missing witness; Barker balancing and Rule 600 analysis support no violation; no arguable merit to ineffectiveness claim |
| Trial court correction of disputed photograph (reopen record during deliberations) | Court’s instruction to disregard the photograph deprived Bey of his only defense and counsel failed to preserve due-process claim | Photo had been admitted by stipulation as depicting a 2007 visit; court reopened when records showed visits were in 2003/2005 and corrected the record to prevent miscarriage of justice | Denied — reopening was within court’s discretion; underlying trial objection was preserved and rejected on direct appeal, so ineffectiveness claim lacks merit |
| Jury instructions / other preserved objections | Jury charge was inaccurate re: consciousness of guilt, reasonable doubt, elements; counsel failed to lodge formal objections | Appellant’s briefing failed to develop the argument or cite authority; rule-based waiver applies | Denied / waived — issues deemed inadequately developed and waived |
| Denial of evidentiary hearing on PCRA claims | Appellant contends facts and out-of-record witnesses justified an evidentiary hearing | PCRA court found substantive claims meritless or waived; statutory requirements (witness certifications) not met for new witness claims | Denied — no requirement to hold hearing where claims lack merit or are procedurally defective |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficient performance + prejudice)
- Barker v. Wingo, 407 U.S. 514 (speedy-trial balancing test)
- Commonwealth v. Fahy, 959 A.2d 312 (PCRA standard of review)
- Commonwealth v. Koehler, 36 A.3d 121 (PCRA/ineffectiveness analysis; prejudice standard)
- Commonwealth v. Miller, 987 A.2d 638 (counsel interference with right to testify standard)
- Commonwealth v. Lawson, 762 A.2d 753 (knowing voluntary waiver of right to testify bars later claim)
- Commonwealth v. Pierce, 527 A.2d 973 (three-part ineffectiveness test in PA)
- Commonwealth v. O'Bidos, 849 A.2d 243 (failure-to-call-witnesses standard)