Com. v. Johnson, E.
2776 EDA 2016
| Pa. Super. Ct. | Dec 7, 2017Background
- Appellant Elbert Johnson was convicted and filed post-conviction relief under the PCRA; appellate rights were previously reinstated nunc pro tunc and the Pennsylvania Supreme Court denied allowance of appeal.
- Johnson filed a pro se PCRA petition on Dec. 30, 2013; counsel was appointed and an amended PCRA petition was filed Jan. 20, 2016.
- The Commonwealth moved to dismiss; the PCRA court issued Pa.R.Crim.P. 907 notice on July 6, 2016 and dismissed the petition on Aug. 8, 2016.
- Johnson challenged trial counsel’s effectiveness for failing to file a post‑sentence motion to reconsider sentence and sought an evidentiary hearing.
- The PCRA court dismissed without a hearing; Johnson appealed, raising (1) denial of an evidentiary hearing and (2) denial of ineffective assistance relief.
- The Superior Court affirmed, concluding the claim was waived because Johnson had previously sought reinstatement of post‑sentence motion rights in 2011 but failed to plead or prove why they should be reinstated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCRA court erred by denying an evidentiary hearing on counsel's alleged failure to file a post‑sentence motion | Johnson: hearing required to develop ineffective‑assistance claim | Commonwealth/PCRA court: record suffices; no genuine issue of material fact | Denied — no hearing required; claim waived and record shows no material factual dispute |
| Whether counsel was ineffective for not filing a post‑sentence motion to reconsider sentence | Johnson: counsel’s failure prejudiced him and deprived him of relief | Commonwealth: claim waived by prior proceedings; Johnson failed to plead/prove entitlement when given earlier opportunity | Denied — claim waived; alternatively, Johnson failed to prove he would have obtained a more favorable sentence |
Key Cases Cited
- Ousley v. Commonwealth, 21 A.3d 1238 (Pa. Super. 2011) (standard of review for denial of PCRA relief)
- Springer v. Commonwealth, 961 A.2d 1262 (Pa. Super. 2008) (hearing not required if no genuine issue of material fact)
- Jones v. Commonwealth, 942 A.2d 903 (Pa. Super. 2008) (courts may resolve PCRA issues from record when no material facts in dispute)
- Jones v. Commonwealth, 932 A.2d 179 (Pa. Super. 2007) (PCRA waiver applies to claims not preserved or improperly raised)
- Liston v. Commonwealth, 977 A.2d 1089 (Pa. 2009) (reinstatement of post‑sentence rights requires pleading/proof of deprivation due to ineffective assistance)
- Reaves v. Commonwealth, 923 A.2d 1119 (Pa. 2007) (to prevail on failure‑to‑file post‑sentence motion claim, defendant must show motion would have led to more favorable sentence)