Com. v. Brown, B.
Com. v. Brown, B. No. 965 MDA 2016
| Pa. Super. Ct. | Mar 3, 2017Background
- Bobbie L. Brown was convicted by a jury of first-degree murder for the killing of Eric Cooper; Brown claimed he acted in self-defense.
- At trial, Michael Cooper (the victim’s cousin) gave testimony that, on cross-examination, contradicted prior statements suggesting the victim initiated a physical altercation with Brown.
- Trial counsel impeached Michael Cooper on various credibility issues but did not cross-examine him about a prior crimen falsi conviction (misdemeanor retail theft).
- Brown raised a PCRA claim that trial counsel was ineffective for failing to use that prior conviction to impeach Michael Cooper; a prior appellate panel remanded for an evidentiary hearing on ineffectiveness.
- At the PCRA hearing, trial counsel testified he would have used the conviction if he had known of it and that he pursued a self-defense theory, but acknowledged damaging evidence (a shooting video, an eyewitness’s testimony, and forensic pathology) hurt the defense.
- The PCRA court found no prejudice from counsel’s omission; the Superior Court affirmed, concluding Brown failed to show a reasonable probability of a different outcome.
Issues
| Issue | Plaintiff's Argument (Brown) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to cross-examine Michael Cooper about a prior crimen falsi conviction | Failure deprived Brown of effective impeachment of a key witness and undermined the self-defense theory | Counsel sufficiently impeached Cooper; even with conviction evidence, other trial evidence would prevent a different verdict | No prejudice shown; counsel ineffective on reasonable-basis prong not dispositive because Brown failed to show reasonable probability of a different outcome |
Key Cases Cited
- Edmiston v. Commonwealth, 65 A.3d 339 (Pa. 2013) (standard of review on PCRA appeal)
- Koehler v. Commonwealth, 36 A.3d 121 (Pa. 2012) (scope of review and reliance on PCRA court findings)
- Wright v. Commonwealth, 961 A.2d 119 (Pa. Super. 2004) (presumption of counsel effectiveness; burden on appellant)
- Johnson v. Commonwealth, 868 A.2d 1278 (Pa. Super. 2005) (ineffectiveness standard requiring undermining of truth-determining process)
- Spotz v. Commonwealth, 18 A.3d 244 (Pa. 2011) (three-prong test for ineffectiveness: merit, reasonable basis, prejudice)
- Torres v. Commonwealth, 766 A.2d 342 (Pa. 2001) (Commonwealth bears burden to disprove justification defense beyond a reasonable doubt)
- McClendon v. Commonwealth, 874 A.2d 1223 (Pa. Super. 2005) (finder of fact determinations on reasonableness, provocation, and duty to retreat)