Com. v. Harris, A., Jr.
Com. v. Harris, A., Jr. No. 210 MDA 2017
| Pa. Super. Ct. | Jul 27, 2017Background
- Aaron F. Harris, Jr. was convicted after a bench trial of two counts of delivery of a controlled substance, one count of possession with intent to deliver, criminal use of a communication facility, and criminal conspiracy based on intercepted calls/texts, surveillance, and eyewitness testimony; sentenced to 64–200 months.
- Evidence at trial included intercepted communications, surveillance video, testimony from co-conspirators (Timothy Wilson, Colleen Berrigan), and Agent Moore’s expert interpretation of coded language; no chemical analysis of the drugs was introduced.
- Appellant appealed and this Court affirmed his convictions on direct appeal; no further review by the Supreme Court was sought.
- Appellant filed a timely PCRA petition alleging ineffective assistance of counsel (failure to raise sufficiency of evidence on direct appeal, failure to object to Agent Moore’s testimony beyond expertise, and failure to object to hearsay from co-conspirators); counsel was appointed and filed an amended petition.
- The PCRA court notified Harris of intent to dismiss without an evidentiary hearing and ultimately dismissed the petition; Harris appealed to the Superior Court.
- The Superior Court reviewed whether Harris had established arguable merit and prejudice for his ineffectiveness claims and whether the co-conspirator hearsay was properly admitted.
Issues
| Issue | Appellant's Argument | Commonwealth/Respondent Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove identity of substance (heroin) | Harris: Commonwealth failed to prove the substance was heroin; insufficiency claim should have been raised on direct appeal | Commonwealth: Identity may be proved by circumstantial evidence, expert interpretation, surveillance, and co-conspirator testimony | Held: Evidence sufficient; identity may be inferred from circumstantial proof; counsel not ineffective for not raising meritless claim |
| Trial counsel failed to object to Agent Moore testimony beyond expertise | Harris: Moore testified beyond his coded-language expertise at various pages of the transcript | Commonwealth: Argument undeveloped; trial court had found Moore qualified as expert and testimony admissible | Held: Issue waived for inadequate briefing; not preserved as PCRA claim |
| Admission of co-conspirator hearsay (Donee Gordon, Melissa Colby) | Harris: Testimony was inadmissible hearsay; counsel ineffective for failing to object | Commonwealth: Statements fell under co-conspirator exception (Pa.R.E. 803(25)); conspiracy established by intercepted calls, conduct, and surveillance | Held: Co-conspirator exception satisfied by preponderance; conspiracy inferable from conduct; counsel not ineffective |
| Whether PCRA court erred in dismissing without evidentiary hearing | Harris: Genuine issues of material fact exist on ineffective-assistance and evidentiary claims | Commonwealth: Court may dismiss without a hearing if record shows no genuine disputed material fact or where an ineffectiveness claim lacks arguable merit | Held: No error; PCRA court properly dismissed without hearing because claims lacked arguable merit or were waived |
Key Cases Cited
- Commonwealth v. Benner, 147 A.3d 915 (Pa. Super. 2016) (standards for PCRA ineffectiveness claims and counsel presumptively effective)
- Commonwealth v. Minott, 577 A.2d 928 (Pa. Super. 1990) (identity of controlled substances may be established by circumstantial evidence)
- Commonwealth v. Kersten, 482 A.2d 600 (Pa. Super. 1984) (requirements for admitting co-conspirator hearsay)
- Commonwealth v. Bricker, 882 A.2d 1008 (Pa. Super. 2005) (evidence to prove conspiracy may be inferred from relation, conduct, and circumstances)
- Commonwealth v. Johnson, 838 A.2d 663 (Pa. 2003) (conspiracy may be inferentially established; only slight evidence needed for co-conspirator exception)
- Commonwealth v. $6,425.00 Seized from Esquilin, 880 A.2d 523 (Pa. 2005) (division of labor among drug-dealing confederates does not negate conspiracy)