Com. v. Mitchell, D.
Com. v. Mitchell, D. No. 1687 WDA 2016
| Pa. Super. Ct. | Aug 25, 2017Background
- In March 2016 Demond Dupree Mitchell was arrested and charged with homicide and related offenses arising from a drive-by shooting that killed two people and wounded others.
- At the May 2016 preliminary hearing the Commonwealth’s only witness was Detective Sergeant Rick Lorah, who testified about physical evidence and summarized videotaped witness statements; the transcript was not in the certified record.
- The magisterial court overruled defense hearsay objections and bound Mitchell over to trial based on the preliminary hearing testimony.
- Mitchell filed a pretrial petition for writ of habeas corpus arguing hearsay alone was insufficient to establish a prima facie case; the trial court denied the petition relying on Pa.R.Crim.P. 542 and Commonwealth v. Ricker.
- Mitchell appealed the habeas denial; the Superior Court concluded the issue was controlled by Ricker and related precedent and quashed the appeal for lack of jurisdiction (no exceptional circumstances to permit interlocutory review).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exceptional circumstances exist to permit interlocutory appeal of denial of habeas corpus challenging hearsay-based prima facie case | Mitchell: extraordinary circumstances exist because the issue raises important constitutional questions that would otherwise evade review | Commonwealth: Ricker controls; issue already decided by prior panels and is on appeal to the Supreme Court, so no exceptional circumstances | Court: No exceptional circumstances; appeal quashed for lack of jurisdiction |
| Whether hearsay testimony from the affiant alone may establish a prima facie case at a preliminary hearing | Mitchell: hearsay alone is legally insufficient and raises confrontation/due process concerns | Commonwealth: Pa.R.Crim.P. 542 and Ricker permit hearsay to establish a prima facie case; no right to confrontation at preliminary hearing | Court: Followed Ricker; hearsay alone can support holdover (did not reach merits because appeal quashed) |
Key Cases Cited
- Commonwealth v. Ricker, 120 A.3d 349 (Pa. Super. 2015) (held hearsay alone may establish a prima facie case at a preliminary hearing and recognized interlocutory review where extraordinary circumstances exist)
- Commonwealth v. Ricker, 135 A.3d 175 (Pa. 2016) (Supreme Court granted allocatur to review the Superior Court’s Ricker decision)
- Commonwealth v. Reagan, 479 A.2d 621 (Pa. Super. 1984) (general rule that criminal appeals typically come from final judgments)