Com. v. Ferguson, C.
Com. v. Ferguson, C. No. 1966 MDA 2016
| Pa. Super. Ct. | Aug 7, 2017Background
- Corey Willis Ferguson pled guilty in July 2015 to fleeing/attempting to elude an officer and to driving with a suspended license; sentences were imposed to run consecutively.
- Ferguson filed a timely pro se first PCRA petition in July 2016 alleging trial counsel was ineffective for not filing a suppression motion and that his plea was involuntary; he requested counsel.
- The court appointed PCRA counsel (George Margetas, Esq.), who did not file an amended petition or a Turner/Finley no‑merit letter, but attended and participated in an evidentiary hearing, stating he believed the claims lacked merit.
- At the November 28, 2016 hearing counsel informed the court he saw no merit in the suppression claim; Ferguson complained his counsel was not following his instructions but did not waive counsel. The PCRA court denied relief and permitted counsel to withdraw without a formal Turner/Finley submission.
- The Superior Court found appointed counsel failed to either amend the petition or comply with Turner/Finley procedures, effectively denying Ferguson meaningful representation on his first PCRA petition.
- The Superior Court vacated the PCRA dismissal and remanded for appointment of new counsel within 30 days, allowing new counsel to file an amended petition or a Turner/Finley letter; the court also corrected an illegal flat six‑month sentence to a three‑to‑six month term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ferguson was denied effective assistance of counsel on his first PCRA petition | Appellant argued appointed PCRA counsel failed to meaningfully represent him by not filing an amended petition or a Turner/Finley no‑merit letter | Commonwealth/PCRA court relied on appointed counsel’s statements at the hearing that the claims lacked merit and proceeded to deny relief | Court held counsel’s failure to amend or file a Turner/Finley letter constituted ineffective/absent representation on a first PCRA petition; remand for new counsel |
| Whether counsel may be permitted to withdraw without complying with Turner/Finley procedures | Ferguson argued withdrawal without Turner/Finley violated his right to counsel | Court/PCRA counsel treated withdrawal as proper despite lack of formal motion or Turner/Finley compliance | Court held counsel may not withdraw without complying with Turner/Finley; failure to do so renders the proceedings effectively uncounseled |
| Whether an illegal flat sentence was imposed for driving while suspended | Ferguson argued the flat six‑month sentence violated sentencing statute requiring minimum and maximum terms | Commonwealth did not contest illegality of flat sentence | Court determined the flat six‑month sentence was illegal and modified it to a three‑to‑six month term |
| Whether issues not raised in pro se PCRA petition are waived on appeal | Ferguson contended broader issues (e.g., plea validity) should be considered | Commonwealth claimed issues not raised below or in brief were waived | Court rejected waiver argument because Ferguson was effectively denied counsel on his first PCRA petition; remand required so counsel can properly raise/press claims |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedures for counsel withdrawal from post‑conviction petitions)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc) (no‑merit letter mechanics for PCRA counsel)
- Commonwealth v. Powell, 787 A.2d 1017 (Pa. Super. 2001) (appointed counsel must amend petition or certify lack of merit)
- Commonwealth v. Karanicolas, 836 A.2d 940 (Pa. Super. 2003) (meaningful representation required throughout first PCRA petition)
- Commonwealth v. Cherry, 155 A.3d 1080 (Pa. Super. 2017) (remand required where appointed counsel failed to amend or file Turner/Finley)
- Commonwealth v. Kenney, 732 A.2d 1161 (Pa. 1999) (entitlement to remand where counsel’s action effectively denies representation)
- Commonwealth v. Postie, 110 A.3d 1034 (Pa. Super. 2015) (flat sentence for driving while suspended is illegal)
- Commonwealth v. Robinson, 970 A.2d 455 (Pa. Super. 2009) (right to counsel for first PCRA petition through appeal)
- Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (waiver of counsel standards)