Com. v. Howes, D.
1700 WDA 2016
| Pa. Super. Ct. | Oct 17, 2017Background
- On Jan 26, 2012 Sergeant Brant stopped Donald Howes for a defective brake light; NCIC check showed no valid license and the vehicle was to be towed.
- After the stop, Howes briefly drove away and fled from the officer; he was arrested, refused a blood test, and charged with eluding, DUI, driving on a suspended license, habitual-offender status, and the brake-light violation.
- At trial the parties stipulated to and admitted a 21‑page PennDOT certified driving history (Commonwealth Exhibit Two); the jury convicted Howes of eluding, DUI, and habitual-offender status; the court convicted him of driving on a suspended license.
- Howes appealed; this Court dismissed the direct appeal without prejudice to raise an ineffectiveness claim in a timely PCRA petition per Commonwealth v. Holmes.
- Howes filed a pro se PCRA petition alleging trial counsel was ineffective for (1) allowing the full driving record to go out with the jury and (2) failing to correct the court’s erroneous RRRI ineligibility finding (driving record erroneously showed an old conviction). An evidentiary hearing was held.
- The PCRA court denied relief on the ineffective‑assistance claim, finding Howes failed to prove the driving record went to the jury; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (Howes) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for permitting Howes’s full driving record to go out with the jury | Counsel failed to prevent prejudicial driving history (including an erroneous homicide-by-vehicle conviction) from being available to jurors, undermining fairness | Prosecutor and record show exhibit was admitted for the record after a stipulation; no proof the exhibit went to the jury and trial counsel did not object at trial | No relief — PCRA court’s finding that Howes failed to prove the record went to the jury was supported; ineffectiveness not established |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes the two‑prong standard for ineffective assistance of counsel)
- Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987) (adopts Strickland framework in Pennsylvania)
- Commonwealth v. Cousar, 154 A.3d 287 (Pa. 2017) (standards for reviewing PCRA counsel ineffectiveness and prejudice)
- Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013) (direct appeal dismissal without prejudice where ineffectiveness claim should be raised in PCRA)
- Commonwealth v. Coolbaugh, 770 A.2d 788 (Pa. Super. 2001) (court‑system breakdown can excuse failure to file timely appeal)