Com. v. Campbell, D.
725 EDA 2017
| Pa. Super. Ct. | Oct 27, 2017Background
- Victim Anisha Bryan and appellant Demar Campbell were former romantic partners; on Feb 8, 2013 Bryan drove Campbell, they argued, and Bryan was stabbed while they were in/near her vehicle.
- A jury convicted Campbell of two counts of aggravated assault, simple assault, and possession of an instrument of crime; trial court found multiple driving offenses; aggregate sentence 66 months + to 138 months.
- This Court affirmed the conviction on direct appeal; Campbell did not seek allocatur.
- Campbell filed a timely pro se PCRA petition; counsel was appointed and an amended petition was denied after a hearing; Campbell’s first PCRA appeal was dismissed for failure to file a docketing statement.
- Campbell obtained relief on a subsequent PCRA petition allowing nunc pro tunc appeal rights; appointed counsel (Rapa) moved to withdraw under Turner/Finley; the PCRA court denied relief on the substantive claims and this appeal followed.
Issues
| Issue | Plaintiff's Argument (Campbell) | Defendant's Argument (Commonwealth / trial counsel) | Held |
|---|---|---|---|
| Trial counsel ineffective for not obtaining/examining Campbell's cell phone data | Phone records would show who called whom and undermine Bryan's credibility | Phone data irrelevant to central issue—whether Campbell stabbed Bryan; trial court previously denied continuance for phone extraction | Not meritorious: lack of arguable merit; no relief granted |
| Trial counsel ineffective for not obtaining bar surveillance video | Video could show events/interaction before stabbing and support Campbell's defense | Counsel attempted to obtain video; bar manager said none existed; even if it existed, pre-incident behavior irrelevant to stabbing | Not meritorious: PCRA court credited counsel; no prejudice shown |
| Trial counsel ineffective for failing to convey plea offer Campbell claimed to accept | Campbell testified Commonwealth offered time-served plea and he told counsel to accept | Counsel testified no such offer (time-served) was ever made; Commonwealth offered 18-month minimum which Campbell rejected; PCRA court credited counsel | Not meritorious: credibility resolved for counsel; petitioner failed to prove offer existed |
Key Cases Cited
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (Turner/Finley withdrawal requires court review of counsel’s no‑merit assessment)
- Commonwealth v. Davis, 17 A.3d 297 (Pa. 2011) (trial court credibility findings supported by record are binding on appeal)
- Commonwealth v. Franklin, 990 A.2d 795 (Pa. Super. 2010) (three‑prong ineffectiveness test for PCRA claims)
- Commonwealth v. Roane, 142 A.3d 79 (Pa. Super. 2016) (ineffectiveness claim fails if any prong not met)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedural requirements for counsel withdrawal on collateral appeal)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (Turner framework applied en banc on PCRA withdrawal)
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel withdrawal on direct appeal; provides greater protection than Turner/Finley)