Com. v. Lewis, L.
2783 EDA 2015
| Pa. Super. Ct. | Nov 29, 2017Background
- In Dec 2012 Veronica Jackson bought three handguns while living with Lamar Lewis; she later discovered two were missing after Lewis moved out in May 2013.
- Jackson reported the firearms stolen and provided receipts/serial numbers and statements implicating Lewis; she identified a photo captioned that Lewis took her handguns.
- Police obtained a search warrant for Lewis’s then-partner Vikki (Nikki) Scott’s residence (433 W. Hansberry St.) and, on execution, recovered two handguns, ammunition, accessories, a utility letter addressed to Lewis at that address, and a photo of Lewis. Lewis returned to the address and was arrested.
- Lewis was tried and convicted by a jury of two counts of possession of firearms prohibited (18 Pa.C.S. § 6105); post-trial motions (including Rule 600 and suppression) were denied and he was sentenced to an aggregate term of years.
- On appeal Lewis raised weight-of-the-evidence, Rule 600 delay, prosecutorial misconduct (closing), and suppression challenge to the warrant; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence | Commonwealth: evidence (direct and circumstantial) supports constructive possession and guilt | Lewis: verdict against the weight of the evidence | Waived (defendant failed to preserve under Pa.R.Crim.P. 607) |
| Rule 600 dismissal (speedy trial) | Commonwealth: due diligence and excludable time (judicial delay, defense delays) produced an adjusted run date after May 11, 2015 | Lewis: some periods (May 5, 2014–Jan 12, 2015) improperly excluded; claims lack of due diligence | No abuse of discretion; excludable time (371 judicial + 26 defense) made trial timely |
| Prosecutorial misconduct (closing) | Commonwealth: prosecutor may fairly summarize evidence and argue reasonable inferences | Lewis: prosecutor urged jury to consider facts from prior acquittal period, prejudicially suggesting possession on earlier date | No reversible misconduct; comment was within record scope and court cured any potential prejudice with jury instruction |
| Motion to suppress (probable cause for warrant) | Commonwealth: affidavit showed totality of circumstances that guns would be at Scott’s residence | Lewis: four-corners of affidavit lacked probable cause to search Scott’s home | Probable cause supported; magistrate had substantial basis under totality-of-circumstances; suppression denial affirmed |
Key Cases Cited
- Commonwealth v. Sherwood, 982 A.2d 483 (Pa. 2009) (weight claim must be raised before trial court under Pa.R.Crim.P. 607 to be preserved on appeal)
- Commonwealth v. Ramos, 936 A.2d 1097 (Pa. Super. 2007) (standard and dual purpose of Rule 600; appellate review of Rule 600 is abuse-of-discretion)
- Commonwealth v. Malgieri, 889 A.2d 604 (Pa. Super. 2005) (judicial scheduling conflict can justify exclusion of time under Rule 600)
- Commonwealth v. Hutchinson, 25 A.3d 277 (Pa. Super. 2011) (prosecutor may summarize evidence and argue reasonable inferences)
- Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008) (prosecutorial comments reversible only if they unavoidably prejudice the jury)
- Commonwealth v. Robinson, 864 A.2d 460 (Pa. 2004) (prosecutor allowed vigorous argument if grounded in evidence or reasonable inferences)
- Commonwealth v. Selenski, 994 A.2d 1083 (Pa. 2010) (due diligence in Rule 600 is fact-specific; review limited to record evidence from Rule 600 hearing)
- Commonwealth v. Bradford, 46 A.3d 693 (Pa. 2012) (Rule 600 protects both speedy trial rights and society’s interest in prosecution)
- Commonwealth v. Huntington, 924 A.2d 1252 (Pa. Super. 2007) (totality-of-circumstances test for probable cause in warrant affidavits)
- Commonwealth v. Dukeman, 917 A.2d 338 (Pa. Super. 2007) (review of warrant limited to four corners of affidavit)
- Commonwealth v. Hernandez, 935 A.2d 1275 (Pa. 2007) (probable cause need only show fair probability that evidence will be found)
- Commonwealth v. Champney, 832 A.2d 403 (Pa. Super. 2003) (weight of the evidence review highly deferential to factfinder)
- Commonwealth v. Linder, 425 A.2d 1126 (Pa. Super. 1981) (curative jury instruction can cure prosecutorial remark and avoid prejudice)
- Commonwealth v. Stamps, 427 A.2d 141 (Pa. 1981) (magistrate’s finding of probable cause must be supported by facts within the affidavit)