Com. v. Mitchell, L.
Com. v. Mitchell, L. No. 2988 EDA 2015
Pa. Super. Ct.Mar 6, 2017Background
- In 2004 Leslie R. Mitchell shot and killed Michael Lambert; a jury convicted him of first-degree murder and related firearms offenses in 2006.
- The trial court sentenced Mitchell to life imprisonment without parole; this Court affirmed on direct appeal and the Pennsylvania Supreme Court denied allowance of appeal.
- Mitchell filed a timely pro se PCRA petition in 2009, later amended; counsel was appointed and then removed after a Grazier hearing, where Mitchell elected to proceed pro se.
- The PCRA court issued Pa.R.Crim.P. 907 notice and dismissed Mitchell’s first PCRA petition without an evidentiary hearing on September 18, 2015.
- Mitchell appealed pro se, raising claims including lack of notice of intent to seek life sentence, Confrontation Clause challenges to medical examiner testimony, multiple ineffective-assistance claims, juror prejudice, and sentence illegality/cruelty.
- The Superior Court affirmed, holding most claims waived or undeveloped, rejecting ineffectiveness and jury-prejudice claims on the record, and finding sentencing and constitutional arguments meritless (Montgomery/Miller inapplicable because Mitchell was an adult).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice of Commonwealth’s intent to seek mandatory life without parole | Mitchell: Commonwealth failed to provide adequate notice of intent to seek mandatory life sentence | Commonwealth: No notice required for statutorily mandatory life term for first-degree murder | Waived on PCRA; meritless in any event because statute mandates life sentence for first-degree murder |
| Confrontation Clause challenge to Medical Examiner testimony | Mitchell: Testimony by Dr. Hood violated Confrontation Clause; Dr. Gupta (the examiner) should have testified | Commonwealth/Trial: No timely objection at trial; claim not preserved | Waived for failure to raise at trial/direct appeal; PCRA properly denied |
| Ineffective assistance for counsel’s handling of medical examiner testimony and alleged unlicensed practice | Mitchell: Counsel failed to object to Hood and to discover Hood’s alleged past unlicensed testimony | Commonwealth: Claims undeveloped, conclusory, lack evidentiary/legal support; counsel’s choices had reasonable bases | PCRA court properly rejected as Mitchell failed to prove arguable merit and prejudice |
| Juror prejudice/ex parte contact (spectator shaking head) and counsel’s failure to remediate | Mitchell: Juror reported a spectator making eye contact and shaking head; counsel should have questioned juror or sought remedy | Commonwealth/Trial: Counsel reasonably declined further questioning after court removed spectator and counsel explained tactical basis | Rejected: trial counsel had reasonable basis; no ineffective assistance shown |
| Legality/cruelty of life sentence; Montgomery/Miller applicability | Mitchell: Life without parole unlawful/cruel; claims entitle him to relief under Montgomery | Commonwealth: Life sentence authorized by statute; not cruel and unusual; Montgomery/Miller apply only to juvenile offenders | Rejected: statute authorizes life; not cruel and unusual; Montgomery inapplicable because Mitchell was an adult at offense |
Key Cases Cited
- Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007) (waiver principles for appellate and post-conviction claims)
- Commonwealth v. Fears, 86 A.3d 795 (Pa. Super. 2014) (standard of review for PCRA denials)
- Commonwealth v. Boyd, 923 A.2d 513 (Pa. Super. 2007) (deference to PCRA factual findings)
- Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012) (review of legal conclusions in PCRA appeals)
- Commonwealth v. Rivera, 10 A.3d 1276 (Pa. Super. 2010) (presumption of effective assistance of counsel)
- Commonwealth v. Fulton, 830 A.2d 567 (Pa. 2003) (three-prong test for ineffectiveness claims)
- Commonwealth v. Jones, 942 A.2d 903 (Pa. Super. 2008) (PCRA hearing standards)
- Commonwealth v. Cook, 952 A.2d 594 (Pa. 2008) (rejecting conclusory claims about cross-examining medical experts)
- Commonwealth v. Waters, 483 A.2d 855 (Pa. Super. 1984) (mandatory life sentence for first-degree murder is not cruel and unusual)
- Montgomery v. Louisiana, 136 S. Ct. 718 (U.S. 2016) (Miller decision’s retroactivity; limited to juvenile offenders)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory life without parole for juveniles unconstitutional)
- Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (procedures for permitting defendant to proceed pro se)