Com. v. Harden, C.
878 WDA 2016
| Pa. Super. Ct. | Dec 13, 2016Background
- Courtney Davonte Harden pled guilty on July 11, 2014 to third-degree murder and aggravated assault and was sentenced July 31, 2014 to an aggregate 10–20 years’ imprisonment.
- Harden did not file a direct appeal; he filed a timely pro se PCRA petition on August 28, 2015 and counsel was appointed.
- The PCRA court issued a Pa.R.Crim.P. 907 notice of intent to dismiss; Harden filed a counseled supplemental petition and the court denied relief on May 26, 2016.
- Harden appealed, arguing his plea was involuntary because counsel induced the plea and was ineffective by failing to introduce police reports at the preliminary hearing.
- The Superior Court reviewed the record, plea colloquy, and applicable ineffective-assistance-of-counsel standards and affirmed the PCRA denial.
Issues
| Issue | Harden's Argument | Commonwealth/PCRA Court Argument | Held |
|---|---|---|---|
| Whether plea was involuntary/unintelligent because counsel unlawfully induced the plea | Counsel unaware of self-defense statutes and withheld information that would have changed plea decision; requests evidentiary hearing | Record shows a comprehensive plea colloquy and written colloquy; no specific facts alleged to show involuntariness | Denied — plea was knowing, voluntary, and intelligent; bare assertions insufficient to show counsel caused involuntary plea |
| Whether counsel was ineffective for failing to introduce police reports at preliminary hearing (which would show lack of malice) | Introduction of reports would have shown lack of malice and led to dismissal/ acquittal; grounds to withdraw plea | Defendant waived such defenses by pleading guilty; no showing that counsel’s omission rendered plea involuntary; no reports attached or factual development | Denied — claim waived by guilty plea and petitioner failed to prove prejudice or involuntariness |
Key Cases Cited
- Commonwealth v. Williams, 950 A.2d 294 (Pa. 2008) (counsel is presumed effective; burden on petitioner to show ineffectiveness)
- Commonwealth v. Kimball, 724 A.2d 326 (Pa. 1999) (three-part test for ineffective assistance of counsel)
- Commonwealth v. Spotz, 896 A.2d 1191 (Pa. 2006) (ineffective-assistance claims are not self-proving; petitioner must develop each prong)
- Commonwealth v. Moser, 921 A.2d 526 (Pa. Super. 2007) (ineffectiveness tied to plea only warrants relief if plea was unknowing or involuntary)
- Commonwealth v. Fluharty, 632 A.2d 312 (Pa. Super. 1993) (totality of circumstances controls voluntariness of guilty plea)
- Commonwealth v. Pollard, 832 A.2d 517 (Pa. Super. 2003) (defendant bound by statements made under oath at plea colloquy)
- Commonwealth v. Boyd, 835 A.2d 812 (Pa. Super. 2003) (guilty plea generally waives pre-plea defenses unless plea was involuntary due to counsel)