Com. v. Deasey, B.
1390 EDA 2016
| Pa. Super. Ct. | Dec 21, 2016Background
- Appellant Benjamin Deasey pleaded guilty pursuant to a negotiated agreement on August 6, 2014 to first‑degree robbery, criminal conspiracy to commit robbery, and involuntary manslaughter; received an aggregate sentence of 6–12 years plus one year probation.
- He did not file a direct appeal. On August 24, 2015 he filed a timely pro se PCRA petition; counsel was appointed and then sought to withdraw under Turner/Finley procedures.
- The PCRA court issued Pa.R.Crim.P. 907 notice, counsel withdrew, and the court dismissed the PCRA petition on December 21, 2015 after Appellant’s untimely response; appeal rights were later reinstated nunc pro tunc due to service errors.
- Appellant raised five claims on appeal: (1) plea involuntary/ineffective assistance due to trauma and coercion; (2) counsel forged his signature on a preliminary‑hearing waiver; (3) trial counsel failed to investigate innocence; (4) newly discovered evidence showing co‑defendant’s testimony was tainted; and (5) PCRA counsel was ineffective for not amending the PCRA and for seeking withdrawal.
- The PCRA court denied relief without an evidentiary hearing; this appeal challenges that dismissal.
Issues
| Issue | Plaintiff's Argument (Deasey) | Defendant's Argument (Commonwealth / PCRA court) | Held |
|---|---|---|---|
| 1. Whether guilty plea was involuntary / counsel ineffective for advising plea | Deasey says he was in shock/trauma and coerced by detectives; counsel’s advice caused an unknowing plea | Record shows a written and oral colloquy where Deasey admitted crimes, understood rights, denied coercion; counsel presumed effective | Denied — plea was knowing and voluntary; no manifest injustice or ineffective assistance |
| 2. Whether counsel forged waiver of preliminary hearing | Deasey alleges counsel forged his signature on waiver form | Claim was not raised in PCRA petition or Rule 907 response and thus waived | Waived on appeal; not considered |
| 3. Whether trial counsel failed to investigate innocence | Deasey contends counsel did not investigate exculpatory leads | Not raised below in PCRA or Rule 907 response | Waived on appeal |
| 4. Whether newly discovered evidence (tainted co‑defendant testimony) warrants relief | Deasey asserts police tainted co‑defendant’s testimony, producing new evidence | Not presented in PCRA petition or response to Rule 907; claims are procedurally defaulted | Waived on appeal |
| 5. Whether PCRA counsel was ineffective for not amending petition / seeking withdrawal | Deasey claims PCRA counsel failed in representation | Claims of PCRA counsel ineffectiveness cannot be raised for first time on appeal | Waived / not considered |
Key Cases Cited
- Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007) (presumption counsel is effective)
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (three‑part test for PCRA ineffective‑assistance claims)
- Commonwealth v. Morrison, 878 A.2d 102 (Pa. Super. 2005) (manifest injustice standard for withdrawing guilty plea)
- Commonwealth v. Muhammad, 74 A.2d 378 (Pa. Super. 2002) (statements at colloquy that plea was not coerced are binding)
- Commonwealth v. Timchak, 69 A.3d 765 (Pa. Super. 2013) (voluntariness of plea judged by competence of counsel)
- Commonwealth v. Springer, 961 A.2d 1262 (Pa. Super. 2008) (no absolute right to evidentiary hearing on PCRA)