Com. v. Goggins, K.
Com. v. Goggins, K. No. 1339 EDA 2016
Pa. Super. Ct.Mar 21, 2017Background
- Khalil M. Goggins was convicted on September 5, 2014 of terroristic threats and receiving stolen property; sentenced November 14, 2014 to an aggregate term of seven years’ probation.
- Goggins did not file post‑sentence motions or a direct appeal.
- He filed a timely pro se PCRA petition on December 24, 2014; counsel was appointed for PCRA proceedings.
- PCRA counsel later sought to withdraw; the court issued a Rule 907 notice and Goggins did not respond.
- The PCRA court granted counsel’s withdrawal and denied the PCRA petition on April 1, 2016; Goggins appealed pro se.
Issues
| Issue | Plaintiff's Argument (Goggins) | Defendant's Argument (Commonwealth/PCRA court) | Held |
|---|---|---|---|
| Ineffective assistance of prior counsel | Counsel ignored admissible evidence, was personally hostile, and failed to zealously represent him | Claims were undeveloped and unsupported; counsel is presumed effective absent proof on all three Strickland‑type prongs | Waived for failure to develop; PCRA denial affirmed |
| Excessive sentence | Trial court abused discretion and imposed an excessive sentence | Sentencing claim is not cognizable on PCRA and was waived for not being raised at trial/direct appeal | Not reviewable on PCRA; waived |
| Prosecutorial misconduct (vouching) | Commonwealth vouched for government witnesses’ credibility | Misconduct claim is not cognizable on PCRA and was waived for failure to raise earlier | Not reviewable on PCRA; waived |
| Perjured witness testimony | Some unidentified witnesses testified falsely | Claim is not cognizable on PCRA and was waived for failure to raise earlier | Not reviewable on PCRA; waived |
Key Cases Cited
- Commonwealth v. Edmiston, 65 A.3d 339 (Pa. 2013) (standard and scope of review for PCRA denials)
- Commonwealth v. Koehler, 36 A.3d 121 (Pa. 2012) (review limited to PCRA court findings and record)
- Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011) (credibility findings of PCRA court binding; ineffectiveness elements)
- Commonwealth v. Medina, 92 A.3d 1210 (Pa. Super. 2014) (recitation of PCRA review standard)
- Commonwealth v. Steele, 961 A.2d 786 (Pa. 2008) (claims waived for failure to meaningfully develop ineffectiveness arguments)
- Commonwealth v. Wharton, 811 A.2d 978 (Pa. 2002) (issues are waived under PCRA if not raised on direct appeal)