Com. v. Dinwiddie, J.
Com. v. Dinwiddie, J. No. 418 EDA 2016
| Pa. Super. Ct. | Aug 25, 2017Background
- On October 9, 2000, Justin Dinwiddie, co-defendant Richard Mason, and M.B. attempted armed robberies; shots were fired during the escape and M.B. was fatally wounded.
- Dinwiddie initially gave a statement claiming they found M.B. wounded; a later statement admitted participation in the robbery and that he shot M.B. while running.
- Dinwiddie moved to suppress an inculpatory statement; the suppression court denied the motion after inconsistent testimony at the suppression hearing.
- A jury convicted Dinwiddie of second-degree murder and related offenses; he received mandatory life imprisonment and concurrent terms.
- Dinwiddie’s first direct appeal was mishandled (failure to file a timely Pa.R.A.P. 1925(b) statement); his direct appeal rights were later reinstated and affirmed on the merits in a subsequent appeal.
- Dinwiddie filed a PCRA petition claiming trial counsel was ineffective for misstating the suppression-review standard; the PCRA court dismissed the petition without a hearing and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for stating an incorrect standard of review at the suppression hearing | Dinwiddie: counsel told the suppression court the standard was the “light most favorable to the Commonwealth,” amounting to ineffective assistance | Commonwealth: the claim was waived on direct appeal and not preserved for collateral review; PCRA court found no entitlement to relief | Court affirmed dismissal: claim waived on direct appeal; ineffective-assistance-for-failure-to-preserve not properly pleaded here, so PCRA relief denied |
Key Cases Cited
- Commonwealth v. Robinson, 139 A.3d 178 (Pa. 2016) (standard of review for PCRA denials)
- Commonwealth v. Bomar, 104 A.3d 1179 (Pa. 2014) (three-prong ineffective assistance test)
- Commonwealth v. Lippert, 85 A.3d 1095 (Pa. Super. 2014) (review of PCRA court findings)
- Commonwealth v. Dinwiddie, 4 A.3d 205 (Pa. Super. 2010) (prior panel discussing waiver of suppression issue)