Com. v. Goble, K., Sr.
153 MDA 2016
| Pa. Super. Ct. | Dec 21, 2016Background
- Kevin Goble was convicted in 2010 for sexual offenses against his stepdaughter and sentenced to 204–408 months' imprisonment; direct appeal was denied in 2014.
- Goble filed a pro se PCRA petition; counsel was appointed, an evidentiary hearing was held, and the PCRA court denied relief on December 22, 2015.
- Appellate counsel filed a Turner/Finley (Anders-style) brief seeking withdrawal and identified six ineffective-assistance and Rule 600 claims; Goble filed a pro se response contesting the no-merit conclusion.
- The Superior Court reviewed counsel’s compliance with Turner/Finley, conducted an independent merits review, and evaluated each claim under the three-prong ineffective-assistance test.
- The court concluded each claim lacked arguable merit (or was otherwise barred) and granted counsel’s motion to withdraw, affirming the denial of PCRA relief.
Issues
| Issue | Plaintiff's Argument (Goble) | Defendant's Argument (Commonwealth/Respondent) | Held |
|---|---|---|---|
| 1. Trial counsel ineffective for failing to present evidence that victim was pressured/tainted | CYS pressured the victim; a letter (not in record) shows victim’s hostility toward caseworker and suggests taint | Trial counsel requested a taint hearing, cross-examined victim; trial court and appellate court found the letter insufficient to show taint | Claim lacks arguable merit; competency/taint not shown |
| 2. Counsel failed to argue innocence / present evidence of victim’s false allegations | Counsel did not adequately assert innocence or show victim’s history of false reports | Counsel argued innocence in opening/closing, vigorously cross-examined witnesses; defendant testified and admitted conduct; jury rejected his testimony | Claim lacks arguable merit; no reasonable probability of different outcome |
| 3. Counsel failed to show mother’s bias/motive to testify against Goble | Mother (Genevieve) had motive (custody deal) to testify for Commonwealth | Counsel cross-examined mother about foster care and custody; mother denied promises or threats; trial court excluded speculative hearsay | Claim lacks arguable merit; jury was apprised of potential bias |
| 4. Rule 600 speedy trial violation / counsel ineffective for not moving to dismiss | Goble argues trial began after the 365-day Rule 600 limit | Complaint filed Oct 5, 2009; trial began Sept 15, 2010 — within 365 days | No Rule 600 violation; claim fails |
| 5. Counsel failed to object to prosecutor’s opening statement claiming she would prove guilt | Opening statement prejudiced jury by asserting guilt | Prosecutor said she intended to prove guilt and outlined evidence; comments were reasonable inferences from evidence | No objectionable misconduct; claim lacks arguable merit |
| 6. Counsel coerced Goble to waive spousal privilege allowing wife's testimony | Waiver aided Commonwealth; counsel pressured Goble to waive privilege | Counsel intended wife to testify for defense; spousal privilege statutory exception applies to crimes against minor children | Waiver was legally ineffective (null) under statute; claim lacks arguable merit |
Key Cases Cited
- Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007) (ineffective-assistance presumption and review standard)
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (three-prong ineffective-assistance test)
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (Turner/Finley no-merit letter requirements)
- Commonwealth v. Spotz, 896 A.2d 1191 (Pa. 2006) (prosecutor opening statement and prejudice standard)
- Commonwealth v. Pena, 31 A.3d 704 (Pa. Super. 2011) (taint and child witness competency analysis)
- Commonwealth v. Hankerson, 118 A.3d 415 (Pa. Super. 2015) (factfinder’s credibility determinations)
- Commonwealth v. Chmiel, 30 A.3d 1111 (Pa. 2011) (permissible scope of prosecutorial argument)