Com. v. Elliott, B., Jr.
Com. v. Elliott, B., Jr. No. 1255 MDA 2016
| Pa. Super. Ct. | Mar 15, 2017Background
- Appellant Brian Elliott and the victim share a child; victim obtained a final Protection From Abuse (PFA) order after a May 25, 2016 hearing which Elliott did not attend. The PFA prohibited abuse/harassment and warned that violations could lead to indirect criminal contempt (ICC) charges.
- The PFA order entry states Elliott was properly served; the record also indicates he contacted the courthouse after the hearing seeking to reschedule.
- On June 10, 2016, while the PFA was in effect, the victim alleges Elliott approached her car, grabbed her through the window, struck her repeatedly, and caused bruises and a severe concussion; police charged Elliott with ICC.
- A bench trial on June 23, 2016 resulted in conviction for ICC; the court sentenced Elliott to three months’ imprisonment and three months’ probation and extended the PFA for six months.
- Elliott filed an untimely post-sentence motion (which did not raise a weight claim); he appealed, arguing insufficiency and weight of the evidence and lack of service notice of the PFA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for ICC conviction | Commonwealth: victim testimony, PFA in effect, injuries observed, supports conviction | Elliott: incident fabricated, inconsistencies in victim’s statements, no corroborating witnesses, lacked notice of PFA | Court: Evidence sufficient; victim credible; PFA was definite and in effect; conviction affirmed |
| Notice/service of PFA order | Commonwealth: record shows PFA states Elliott was properly served; he contacted courthouse after hearing | Elliott: claimed he did not receive notice until after hearing and was unaware of the order | Court: Record rebuts Elliott’s claim; service shown; failure to appear does not excuse compliance |
| Weight of the evidence | N/A (Commonwealth defends verdict) | Elliott: verdict shocks conscience; victim’s testimony inconsistent and uncorroborated | Court: Weight claim waived for failure to timely preserve in a post-sentence motion; in any event trial court found credibility for victim |
| Requirement elements for ICC | Commonwealth: must prove clear order, notice, volitional act, wrongful intent | Elliott: disputes one or more elements (notice, occurrence) | Court: All ICC elements supported by record; trial court discretion not abused |
Key Cases Cited
- Commonwealth v. Orr, 38 A.3d 868 (Pa. Super. 2011) (standard for sufficiency and weight review)
- Commonwealth v. Lambert, 147 A.3d 1221 (Pa. Super. 2016) (elements and appellate deference in PFA/ICC cases)
- Commonwealth v. Gillard, 850 A.2d 1273 (Pa. Super. 2004) (preservation requirement for weight claims under Pa.R.Crim.P. 607)
- Commonwealth v. Burkett, 830 A.2d 1034 (Pa. Super. 2003) (failure to timely raise weight claim waives appellate review)