284 A.3d 501
Pa. Super. Ct.2022Background
- On May 31, 2017, Tremaine Jamison shot and killed Devon Brown; Jamison fled and was arrested in Georgia in 2019 and charged with criminal homicide.
- Jury trial on the homicide charge began May 24, 2021; Commonwealth presented a full case in chief with multiple eyewitnesses and Jamison asserted self-defense in his opening.
- On the third day, after the Commonwealth rested, Jamison pleaded guilty to third-degree murder; plea colloquy and written plea agreement informed him of elements, rights waived, and the 40-year maximum sentence.
- New counsel filed a pre‑sentence motion (July 22, 2021) to withdraw the guilty plea, claiming innocence, involuntariness, and ineffective/unprepared trial counsel.
- After an August 31, 2021 hearing where Jamison testified, the trial court denied withdrawal (finding his innocence claim a bare assertion and his plea voluntary/knowing) and sentenced him to 18–40 years on September 23, 2021.
- Jamison appealed, arguing the trial court abused its discretion in refusing to allow withdrawal of his guilty plea.
Issues
| Issue | Jamison's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying pre‑sentence withdrawal of Jamison’s guilty plea | Jamison asserted the plea was not voluntary/knowing, he is actually innocent (self‑defense), counsel was unprepared/ineffective, and he believed he could freely withdraw | The plea was knowing and voluntary based on written and oral colloquy; Jamison’s innocence claim was a bare assertion with no plausible factual proffer; withdrawal now would substantially prejudice the Commonwealth because the plea was entered after the Commonwealth’s case in chief | Denial affirmed: no fair and just reason shown (bare innocence claim); withdrawal would substantially prejudice the Commonwealth; plea was voluntary and knowing |
Key Cases Cited
- Carrasquillo v. Commonwealth, 115 A.3d 1284 (Pa. 2015) (pre‑sentence plea‑withdrawal standard: fair and just reason required)
- Norton v. Commonwealth, 201 A.3d 112 (Pa. 2019) (bare assertion of innocence insufficient to justify withdrawal)
- Hvizda v. Commonwealth, 116 A.3d 1103 (Pa. 2015) (same principle on innocence proffers)
- Whelan v. Commonwealth, 392 A.2d 1362 (Pa. 1978) (prejudice to Commonwealth when plea follows presentation of its case in chief)
- Morales v. Commonwealth, 305 A.2d 11 (Pa. 1973) (denial of withdrawal proper where plea entered after Commonwealth’s case in chief)
- Baez v. Commonwealth, 169 A.3d 35 (Pa. Super. 2017) (appellate review of plea‑withdrawal decisions)
- Jabbie v. Commonwealth, 200 A.3d 500 (Pa. Super. 2018) (colloquy requirements to show plea was knowing and voluntary)