Com. v. Bradley, J.
Com. v. Bradley, J. No. 3045 EDA 2015
| Pa. Super. Ct. | Feb 24, 2017Background
- In November 2007 John Bradley shot and killed Izeem Greer; three eyewitnesses and a neighbor saw events and later testified.
- Bradley was tried in September 2009, testified in his own defense, and was convicted of first‑degree murder, carrying a firearm without a license, and possessing an instrument of crime.
- He received life imprisonment plus concurrent shorter terms for the weapons offenses; direct appeal was affirmed by this Court and the Pennsylvania Supreme Court denied allocatur.
- Bradley filed a pro se PCRA petition in 2012 and a counseled amended petition in 2014 alleging trial counsel was ineffective for eliciting Bradley’s prior drug convictions on direct examination.
- The PCRA court dismissed the petition without an evidentiary hearing; Bradley appealed asserting ineffective assistance based on counsel eliciting prior convictions which allegedly prejudiced his credibility and alibi defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel rendered ineffective assistance by eliciting Bradley’s prior drug convictions on direct examination | Bradley: counsel had no strategic basis; admission prejudiced jury, undermined credibility and alibi, and opened door to cross‑examination about convictions and firearms | Commonwealth/PCRA court: counsel is presumed effective; even if admission was harmful, evidence against Bradley was overwhelming so no prejudice shown | Court affirmed dismissal: ineffective‑assistance claim denied for lack of prejudice given overwhelming evidence against Bradley |
Key Cases Cited
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (three‑part test for PCRA ineffective assistance: arguable merit, no reasonable basis, prejudice)
- Commonwealth v. Zapata, 314 A.2d 299 (Pa. 1974) (prior criminal record may be prejudicial but not per se reversible; admissibility may have strategic basis)
- Commonwealth v. Springer, 961 A.2d 1262 (Pa. Super. 2008) (no absolute right to evidentiary hearing on PCRA petition; review whether record presents genuine issues of material fact)
- Commonwealth v. Ragan, 923 A.2d 1169 (Pa. 2007) (standard of review for PCRA order: findings must be supported by record and free of legal error)
- Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007) (presumption that counsel is effective for purposes of ineffective‑assistance claims)