Com. v. Carter, R.
Com. v. Carter, R. No. 1195 EDA 2016
| Pa. Super. Ct. | May 16, 2017Background
- Defendant Robert Carter drove a stolen car, led police on a high-speed chase, collided with another vehicle and a building; his passenger (a friend) was ejected and died; other persons were seriously injured.
- A jury convicted Carter of third-degree murder, homicide by vehicle, and related charges; trial court sentenced him to 25–50 years' imprisonment.
- On direct appeal this Court affirmed the convictions; Carter then filed a PCRA petition alleging trial counsel was ineffective on multiple grounds.
- PCRA counsel filed a Turner/Finley no-merit submission; the PCRA court issued a Pa.R.Crim.P. 907 notice and dismissed the petition without an evidentiary hearing; Carter appealed pro se.
- Carter raised seven ineffective-assistance claims: (1) failure to request an involuntary manslaughter instruction when manslaughter was nol prossed, (2) failure to call the victim’s sister, (3) failure to object to his removal from the courtroom without colloquy, (4) failure to object to admission of an autopsy report when the coroner did not testify, (5) failure to object to hearsay (an admission), (6) failure to object to admission of prior-bad-act evidence, and (7) failure to file a Rule 600 speedy-trial motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Failure to request involuntary manslaughter instruction | Carter: Counsel should have objected to nolle prosse and requested lesser-included instruction | PCRA/Commonwealth: Evidence showed Vehicle Code violations were integral; no rational juror could convict of involuntary manslaughter but not homicide by vehicle | Denied — claim meritless; counsel not ineffective for failing to pursue futile instruction |
| 2. Failure to call victim’s sister | Carter: Sister would have testified to their friendship, undermining culpability | PCRA: Relationship evidence irrelevant to reckless conduct causing death; jurors already knew they were friends | Denied — no prejudice; counsel not ineffective |
| 3. Removal from courtroom without colloquy | Carter: Counsel should have objected to removal absent waiver colloquy | PCRA: Claim waived (not raised below); record shows Carter refused colloquy, could hear proceedings and returned before charge | Denied — claim waived and meritless |
| 4. Admission of autopsy report without author testifying | Carter: Confrontation Clause violation because the performing coroner did not testify | PCRA: Testifying pathologist reviewed file and offered independent opinions — testimony admissible | Denied — underlying claim meritless; counsel not ineffective |
| 5. Admission of hearsay (post-crash statement) | Carter: Statement to first responder was inadmissible hearsay and violated Fifth Amendment | PCRA: Statement was an admission by party-opponent (exception to hearsay) | Denied — statement admissible; counsel not ineffective |
| 6. Prior bad-act evidence admitted | Carter: Prior incident was dismissed; counsel should have objected | PCRA: Claim waived; issue already litigated on direct appeal | Denied — previously litigated/waived |
| 7. Failure to file Rule 600 speedy-trial motion | Carter: Counsel should have filed pretrial Rule 600 motion | PCRA: Claim waived (not raised below) | Denied — claim waived |
Key Cases Cited
- Commonwealth v. Quaranibal, 763 A.2d 941 (Pa. Super. 2000) (standard of review for PCRA dismissal without hearing)
- Commonwealth v. Rivera, 10 A.3d 1276 (Pa. Super. 2010) (presumption of effective assistance of counsel)
- Commonwealth v. Fulton, 830 A.2d 567 (Pa. 2003) (three-part ineffective-assistance test)
- Commonwealth v. Travaglia, 661 A.2d 352 (Pa. 1995) (prejudice prong may be dispositive)
- Commonwealth v. Douglas, 645 A.2d 226 (Pa. 1994) (counsel not ineffective if reasonable basis exists)
- Commonwealth v. Phillips, 946 A.2d 103 (Pa. Super. 2008) (lesser-included-offense instruction principles)
- Commonwealth v. Brandon, 79 A.3d 1192 (Pa. Super. 2013) (elements test for lesser included offense)
- Commonwealth v. Pedota, 64 A.3d 634 (Pa. Super. 2013) (homicide-by-vehicle elements)
- Commonwealth v. Loner, 836 A.2d 125 (Pa. Super. 2003) (no ineffective assistance for pursuing meritless claim)
- Commonwealth v. Hall, 867 A.2d 619 (Pa. Super. 2005) (factors for showing prejudice from failure to call witness)
- Commonwealth v. Buford, 101 A.3d 1182 (Pa. Super. 2014) (non-performing medical examiner may testify if qualified and forms independent opinion)
- Commonwealth v. Ali, 10 A.3d 282 (Pa. 2010) (expert testimony and reliance on autopsy materials)
- Commonwealth v. Weiss, 81 A.3d 767 (Pa. 2013) (admissions by party-opponent admissible under hearsay exception)
- Commonwealth v. Rigg, 84 A.3d 1080 (Pa. Super. 2014) (appellate waiver principles)