Com. v. Broadwater, E.
587 MDA 2017
| Pa. Super. Ct. | Dec 15, 2017Background
- Eric Broadwater was convicted by a jury of two counts of rape on May 28, 2015 and sentenced to 72–240 months imprisonment on September 8, 2015; he did not file post-sentence motions or a direct appeal.
- Broadwater filed a pro se request for new counsel/first PCRA petition in January 2016; counsel was appointed, sought withdrawal via Turner/Finley letter, and successor counsel was later appointed.
- Through counsel, Broadwater filed an amended PCRA petition alleging ineffective assistance by trial counsel Philip Harper for (1) failing to file a requested direct appeal and (2) failing to call certain character witnesses at sentencing.
- A PCRA hearing was held on December 13, 2016 where both Broadwater and Attorney Harper testified with conflicting accounts on whether Broadwater requested an appeal and whether Harper received contact information for the proposed witnesses.
- The PCRA court found Harper credible on both points and denied the amended PCRA petition on March 23, 2017; Broadwater appealed and the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was per se ineffective for failing to file a requested direct appeal | Broadwater: he told Harper to file a direct appeal; failure to file is per se ineffective assistance | PCRA/counsel: Harper testified he was not contacted/requested to file an appeal; trial counsel credible | Court: Credited Harper; claim fails (no per se ineffective assistance) |
| Whether counsel was ineffective for not calling four character witnesses at sentencing | Broadwater: he provided contact info and wanted those witnesses called | PCRA/counsel: Harper lacked contact info for two witnesses and strategically declined to call two others because their testimony was not flattering | Court: Credited Harper; withholding witnesses was a reasonable tactical choice; claim fails |
Key Cases Cited
- Commonwealth v. Sullivan, 371 A.2d 468 (Pa. 1977) (deference owed to credibility findings of fact-finder)
- Commonwealth v. Meadius, 870 A.2d 802 (Pa. 2005) (scope of appellate review of PCRA denials)
- Commonwealth v. Jones, 912 A.2d 268 (Pa. 2006) (standard of review for post-conviction proceedings)
- Commonwealth v. Reyes-Rodriguez, 111 A.3d 775 (Pa. Super. 2015) (burden on petitioner to prove counsel ineffective)
- Commonwealth v. Ligons, 971 A.2d 1125 (Pa. 2009) (presumption of effective assistance of counsel)
- Commonwealth v. Lantzy, 736 A.2d 564 (Pa. 1999) (failure to file a requested direct appeal is per se ineffective assistance)
- Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987) (three-part test for ineffective assistance of counsel)
- Commonwealth v. Colavita, 993 A.2d 874 (Pa. 2010) (strategic choices by counsel are given deference if reasonable)
- Commonwealth v. Howard, 719 A.2d 233 (Pa. 1998) (deference to counsel's strategic decisions)