Com. v. Brown, P.
Com. v. Brown, P. No. 1798 EDA 2016
| Pa. Super. Ct. | Apr 18, 2017Background
- On Sept. 3, 2014 Paul Brown assaulted his wife and son with a machete; wife suffered a head laceration and partially amputated finger; son had arm/leg cuts. Brown fled and was arrested two days later.
- Charged with multiple counts including attempted homicide and aggravated assault; on April 29, 2015 Brown pleaded guilty to one count of attempted homicide (serious bodily injury) and one count of aggravated assault (serious bodily injury); other charges were nolle prossed.
- Sentenced July 28, 2015 to 15–40 years (attempted homicide) and 5–10 years concurrent (aggravated assault); no post-sentence motions or direct appeal were filed.
- Brown filed a pro se PCRA petition (treated as timely), counsel was appointed and an amended PCRA petition alleged plea was unknowing because Brown believed he was pleading to two aggravated-assault counts and also alleged counsel failed to file a direct appeal.
- PCRA evidentiary hearing: Brown testified he was confused and had asked for an appeal; counsel Saurman testified Brown understood the plea and did not request an appeal; court found Brown’s evidence not credible and counsel credible.
- PCRA court denied relief (May 25, 2016); Superior Court affirmed, concluding Brown failed to show counsel’s ineffectiveness caused an involuntary plea or that counsel failed to file a requested appeal.
Issues
| Issue | Plaintiff's Argument (Brown) | Defendant's Argument (Commonwealth / Counsel) | Held |
|---|---|---|---|
| Whether plea was involuntary/unknowing due to counsel’s ineffective assistance | Brown says counsel misled him; he believed he pled to two aggravated assaults, not attempted homicide + aggravated assault, and was confused about sentence exposure | Counsel says he explained the plea and sentencing multiple times; Brown signed the plea form, admitted the facts at colloquy, and acknowledged attempted homicide on the record | Denied — record (signed plea form, plea colloquy, counsel’s credible testimony) shows plea was knowing and voluntary |
| Whether counsel was ineffective for failing to file a direct appeal | Brown claims he requested an appeal; presented letters as proof | Counsel and record show Brown did not timely request an appeal; counsel would have filed if requested; Brown waited months after sentencing to contact counsel | Denied — Brown failed to prove he requested a direct appeal, so no relief for appellate-restoration |
Key Cases Cited
- Lutz, 424 A.2d 1302 (Pa. 1981) (to prevail on plea-related ineffectiveness, defendant must show counsel caused an involuntary or unknowing plea)
- Pierce, 645 A.2d 189 (Pa. 1994) (three‑prong test for ineffective assistance: arguable merit, reasonable basis, prejudice)
- Lantzy, 736 A.2d 564 (Pa. 1999) (counsel who unjustifiably fails to file a requested direct appeal is per se ineffective)
- Miller, 868 A.2d 578 (Pa. Super. 2005) (trial court should first address requests to reinstate appellate rights before other PCRA claims)
- Willis, 68 A.3d 997 (Pa. Super. 2013) (burden on defendant to prove plea involuntary; post‑sentence withdrawal requires showing prejudice on order of manifest injustice)
- Hickman, 799 A.2d 136 (Pa. Super. 2002) (voluntariness of plea depends on whether counsel’s advice fell within the range of competent representation)