Com. v. Burrell, M.
Com. v. Burrell, M. No. 1483 MDA 2016
| Pa. Super. Ct. | Jul 26, 2017Background
- Messiah Burrell was charged in Feb 2015 with delivery of a controlled substance, possession with intent to deliver, possession of a controlled substance, and possession of drug paraphernalia stemming from an alleged heroin sale.
- Burrell was released on bail in Nov 2015 and scheduled for jury selection in Jan 2016; he was hospitalized and rescheduled to Feb 2016 when he appeared and a jury was selected.
- Burrell failed to appear for trial on March 7, 2016; a bench warrant issued and the trial proceeded in his absence; he was convicted on all counts.
- Burrell also failed to appear for sentencing on June 8, 2016; he remained a fugitive until arrested in Oregon on Aug 5, 2016, and extradited to Lycoming County.
- Post-sentence motions, notice of appeal, and a Pa.R.A.P. 1925(b) statement were filed while Burrell was a fugitive; the trial court denied relief and the appeal period expired before his return.
- The Superior Court held the filings made while Burrell was a fugitive were nullities and quashed the appeal as forfeited by his flight.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial could be held in absentia because Burrell was absent | Burrell argued the Commonwealth failed to prove absence was without good cause and sought a new trial under Pa.R.Crim.P. 602 | Commonwealth argued Burrell absconded after jury selection, forfeiting his right to be present and allowing trial in absentia | Court held trial properly conducted in absentia where defendant fled after jury selection and remained a fugitive |
| Whether trial in absentia violated due process (PA Const. Art I §8 and Sixth Amendment) | Burrell contended his absence without proof of willful forfeiture violated due process and the Sixth Amendment | Commonwealth relied on precedent allowing trial when defendant absconds without cause | Court rejected due process claim because forfeiture by flight justified trial in absentia |
| Whether post-sentence motions and notice of appeal filed while fugitive were valid | Burrell (through counsel) filed motions and appeal while he was a fugitive and urged review | Commonwealth argued filings made while fugitive are legal nullities and appellate time expired before return | Court held motions and notice of appeal filed while fugitive were nullities and Burrell forfeited appellate rights |
| Whether sentence (15–30 years) was excessive or Eighth Amendment violation | Burrell argued the sentence was manifestly excessive and cruel and unusual for delivery of <1 gram of heroin | Commonwealth supported sentence within statutory range given convictions | Court found no reviewable claim because appeal was forfeited by Burrell’s flight and quashed the appeal |
Key Cases Cited
- Commonwealth v. Wilson, 712 A.2d 735 (Pa. 1998) (trial may proceed in absentia when defendant absconds after trial commences)
- Commonwealth v. Sullens, 619 A.2d 1349 (Pa. 1992) (defendant’s right to be present may be forfeited by actions)
- Commonwealth v. Doty, 997 A.2d 1184 (Pa. Super. 2010) (a fugitive who escapes forfeits appellate rights; filings while fugitive are nullities)
- Commonwealth v. Deemer, 705 A.2d 827 (Pa. 1997) (fugitive who returns takes the system as he finds it; time limits may preclude filing)