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221 A.3d 186
Pa. Super. Ct.
2019
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Background

  • Appellant Terry Lee Meredith was convicted of involuntary deviate sexual intercourse (IDSI) and strangulation for a July 20, 2017 assault on his partner, who suffered bruises and rectal tears consistent with sexual assault.
  • The victim’s 12-year-old son, C.W., witnessed part of the assault; C.W. was 13 at trial and was found competent to testify after a court colloquy.
  • Defense played C.W.’s Children’s Resource Center interview for the jury and cross-examined him about possible influence by family conversations.
  • Two recorded prison calls included Appellant admitting he choked the victim; jury convicted on IDSI and strangulation but acquitted on false imprisonment.
  • Appellant received an aggregate sentence of 13 to 26 years’ imprisonment and appealed, raising (1) that C.W. was incompetent/tainted and (2) that a mistrial was required after Appellant’s father spoke with a juror and jurors discussed safety.

Issues

Issue Plaintiff's Argument (Commonwealth) Defendant's Argument (Meredith) Held
Whether the trial court erred in finding C.W. competent given alleged "taint" of his recollection C.W. demonstrated the minimal capacities in the court colloquy; any memory problems go to credibility for the jury, not competency C.W.’s recollection was tainted by overheard family conversations and required a Delbridge taint hearing Affirmed. Court did not abuse discretion; C.W., age 13 at trial, was competent and alleged taint raised credibility issues for the jury
Whether a mistrial was required after Appellant’s father contacted a juror and jurors discussed safety Contact was innocuous; trial court individually questioned jurors who confirmed they could be fair Contact and ensuing discussion created a reasonable likelihood of prejudice and compromised impartiality Affirmed. Trial court reasonably denied mistrial after voir dire of jurors showed no loss of impartiality

Key Cases Cited

  • Commonwealth v. Delbridge, 855 A.2d 27 (Pa. 2003) (defines "taint" and sets three-part competency test for minors)
  • Commonwealth v. Delbridge, 859 A.2d 1254 (Pa. 2004) (plenary review standard for competency determinations)
  • Commonwealth v. Pena, 31 A.3d 704 (Pa.Super. 2011) (age at trial controls competency; witnesses 14+ presumed competent)
  • Commonwealth v. Judd, 897 A.2d 1224 (Pa.Super. 2006) (memory issues for teenage witnesses are credibility, not taint)
  • Commonwealth v. Moore, 980 A.2d 647 (Pa.Super. 2009) (competency assessed by age at trial)
  • Commonwealth v. Brown, 786 A.2d 961 (Pa. 2001) (ex parte juror contact disfavored but not per se mistrial)
  • Commonwealth v. Mosley, 637 A.2d 246 (Pa. 1993) (declines per se rule disqualifying juror for contact)
  • Commonwealth v. Tharp, 830 A.2d 519 (Pa. 2003) (mistrial required only if event reasonably deprived party of fair trial)
  • Commonwealth v. McCamey, 154 A.3d 352 (Pa.Super. 2017) (third-party contact with juror evaluated under trial court’s discretion and juror voir dire)
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Case Details

Case Name: Com. v. Meredith, T.
Court Name: Superior Court of Pennsylvania
Date Published: Oct 15, 2019
Citations: 221 A.3d 186; 2019 Pa. Super. 308; 1937 MDA 2018
Docket Number: 1937 MDA 2018
Court Abbreviation: Pa. Super. Ct.
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