2494 EDA 2011
Pa. Super. Ct.Aug 12, 2016Background
- Victim Deanna Wright-McIntosh (15) disappeared; police found her charred remains in a barrel on December 30, 2004.
- Anwaar Malik Gettys and Lamar Haymes were investigated; Gettys was arrested in January and re-arrested in July 2005 on additional charges including first-degree murder and abuse of a corpse.
- At a four-day trial the Commonwealth presented evidence of Gettys’ alleged deception, opportunity, the victim’s presence at Gettys’ mother’s residence, and forensic evidence linking the remains to the victim.
- Jury convicted Gettys of first-degree murder and abuse of a corpse; he received life plus 1–2 years. Direct appeal was unsuccessful (Superior Court memorandum, March 13, 2009).
- Gettys filed a timely pro se PCRA petition raising ineffective-assistance and other claims; counsel filed a Turner/Finley letter seeking permission to withdraw and the PCRA court dismissed the petition.
- Gettys appealed the PCRA dismissal, raising sufficiency and weight-of-the-evidence challenges to the first-degree murder conviction; the PCRA court and Superior Court treated those claims as previously litigated and affirmed dismissal.
Issues
| Issue | Gettys' Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree murder | Evidence was insufficient to support conviction | Issues were raised and rejected on direct appeal; claims are previously litigated | Previously litigated; not cognizable on PCRA; dismissal affirmed |
| Weight of the evidence for first-degree murder | Verdict was against the weight of the evidence | Claim was abandoned on direct appeal; merits rejected; thus previously litigated | Previously litigated; not cognizable on PCRA; dismissal affirmed |
Key Cases Cited
- Commonwealth v. Sam, 952 A.2d 565 (Pa. 2008) (scope of review for PCRA appeals)
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (mixed standard of review in PCRA appeals)
- Commonwealth v. Henkel, 90 A.3d 16 (Pa. Super. 2014) (deference to PCRA court's factual findings and credibility determinations)
- Commonwealth v. Spotz, 47 A.3d 63 (Pa. 2012) (definition of previously litigated for PCRA purposes)
- Commonwealth v. Reed, 971 A.2d 1216 (Pa. 2009) (multiple independent grounds holding equal weight cannot be treated as dicta)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedures for counsel withdrawing from PCRA representation)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. 1988) (procedures for counsel withdrawing from PCRA representation)