Com. v. Jubilee, D.
Com. v. Jubilee, D. No. 219 EDA 2016
| Pa. Super. Ct. | Apr 7, 2017Background
- On October 9, 2011, Dennis Jubilee allegedly stabbed Jerald Matthews after a dispute over beer; Matthews required surgery. Jubilee was on probation at the time.
- Charges: aggravated assault, possession of an instrument of crime, simple assault, reckless endangerment.
- On August 20, 2013, Jubilee pleaded guilty to aggravated assault and PIC; Commonwealth nol-prossed remaining counts and recommended 12.5–25 years. Court imposed that sentence.
- Jubilee timely filed a PCRA petition (July 9, 2014). Counsel filed a Turner/Finley no-merit letter; PCRA court issued notice of intent to dismiss, then dismissed, granted counsel’s withdrawal, and denied relief (Dec. 7, 2015).
- Jubilee appealed pro se; notice of appeal mailed from prison was treated as timely despite initial misrouting. He argued plea counsel was ineffective for failing to investigate mental-health defenses, file a suppression motion as to the victim’s statement, challenge the plea colloquy, and secure evidence/statements.
Issues
| Issue | Plaintiff's Argument (Jubilee) | Defendant's Argument (Commonwealth/PCRA Court) | Held |
|---|---|---|---|
| 1. Plea counsel failed to investigate mental-health history and this induced an involuntary plea | Counsel should have developed schizophrenia/bipolar evidence to negate mens rea or support insanity/GBMI defense | Record shows Jubilee disclosed diagnosis, treatment, and that meds did not impair plea participation; he admitted not legally insane | Claim lacks merit; plea statements bind him; no ineffectiveness shown |
| 2. Failure to move to suppress victim’s statement | Counsel should have suppressed the victim’s statement | Victim’s statement is not subject to suppression like a defendant’s statement; no police-obtained confession or physical evidence to suppress | Meritless — suppression inapplicable |
| 3. Plea colloquy was defective | Colloquy allegedly flawed and counsel should have challenged it | Colloquy was thorough and complied with legal standards; Jubilee gives no specifics | Denied — colloquy adequate |
| 4. Counsel failed to secure evidence/statements; record incomplete | Missing materials prejudiced ability to litigate PCRA claims | Certified record is complete; evidence consisted principally of victim’s affidavit of probable cause | Denied — no missing material and no prejudice shown |
Key Cases Cited
- Commonwealth v. Patterson, 143 A.3d 394 (Pa. Super. 2016) (standard for PCRA ineffective-assistance claims)
- Commonwealth v. Roane, 142 A.3d 79 (Pa. Super. 2016) (standards for appellate review of PCRA denials)
- Commonwealth v. Treiber, 121 A.3d 435 (Pa. 2015) (PCRA principles)
- Commonwealth v. Fears, 86 A.3d 795 (Pa. 2014) (guilty-plea withdrawal and ineffective assistance)
- Commonwealth v. Yeomans, 24 A.3d 1044 (Pa. Super. 2011) (defendant bound by statements made under oath at plea colloquy)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedures for counsel seeking to withdraw under the PCRA framework)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (procedures for no-merit letters and counsel withdrawal)