Com. v. Foster, S., II
707 MDA 2017
| Pa. Super. Ct. | Dec 18, 2017Background
- Foster was convicted of aggravated assault for an incident in the Lancaster County Prison on September 12, 2012.
- During subduing Foster, a corrections officer was spat on and another officer was kneeled; Foster smeared butter on a cell camera lens.
- He was sentenced to two to six years’ incarceration after a May 2013 trial where he was represented by the public defender.
- Appellant appealed; Superior Court affirmed the judgment of sentence; allowance of appeal was denied by the Pennsylvania Supreme Court in 2014.
- In January 2015 Foster timely filed a pro se PCRA petition which was later amended by appointed counsel in 2016 alleging ineffective assistance of trial counsel.
- An evidentiary hearing was conducted on January 26, 2017; PCRA court denied relief on April 13, 2017; Foster timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not requesting a prior inconsistent statements instruction | Foster contends counsel failed to request the instruction or object to absence. | Commonwealth argues the jury credibility charge was adequate and no prejudice shown. | No relief; waiver and lack of prejudice established. |
| Whether trial counsel was ineffective for not requesting a false in one, false in all instruction | Foster asserts failure to request this instruction prejudiced credibility assessment. | Commonwealth contends full credibility charge suffices; no prejudice shown. | No relief; full credibility instruction rendered the requested charge unnecessary. |
Key Cases Cited
- Commonwealth v. Phillips, 31 A.3d 317 (Pa. Super. 2011) (standard for reviewing PCRA rulings)
- Commonwealth v. Spotz, 84 A.3d 294 (Pa. 2014) (three-prong ineffective assistance test)
- Commonwealth v. Rega, 933 A.2d 997 (Pa. 2007) (burden on petitioner for IAC)
- Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. 2014) (judicial discretion in jury instruction phrasing)
- Commonwealth v. Vicens-Rodriguez, 911 A.2d 116 (Pa. Super. 2006) (false in one, false in all; complete credibility charge may suffice)