Com. v. Moreno, W.
718 WDA 2015
| Pa. Super. Ct. | Sep 28, 2016Background
- Moreno and codefendant Szoszorek attacked the victim at a Pittsburgh bar in the early hours of Dec. 6, 2010, causing serious injuries.
- A bench trial in Jan. 2012 resulted in a conviction for aggravated assault and an acquittal on conspiracy.
- Moreno was sentenced to 8.5 to 20 years’ imprisonment on Apr. 16, 2012.
- Moreno's direct appeal was affirmed in Jan. 2014; the Pennsylvania Supreme Court denied cert in 2014.
- In July 2014 Moreno filed a pro se PCRA petition; counsel then filed an amended IAC petition; the PCRA court denied relief on Mar. 30, 2015; a motion for reconsideration followed.
- Moreno timely filed a notice of appeal—though the timeliness was contested because the PCRA court allegedly did not properly inform him of appellate rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC claim concerning trial strategy and waiver decisions | Moreno argues trial counsel coerced improper decisions—jury waiver and defense strategy. | Sheets had a reasonable basis for decisions; Moreno knowingly chose non-jury trial and did not show prejudice. | No relief; no actionable prejudice established; waiver and strategy were supported by the record. |
Key Cases Cited
- Commonwealth v. Spotz, 84 A.3d 294 (Pa. 2014) (standard for ineffective assistance and prejudice in certain contexts)
- Commonwealth v. Walker, 110 A.3d 1000 (Pa. Super. 2015) (prejudice standard for waiver of right to testify)
- Commonwealth v. Ali, 608 Pa. 71 (Pa. 2010) (three-prong test for ineffective assistance: merit, basis, prejudice)
- Commonwealth v. Colavita, 606 Pa. 1 (Pa. 2010) (refined Strickland standard for counsel performance and prejudice)
- Commonwealth v. Morales, 701 A.2d 516 (Pa. 1997) (standard of review for post-conviction relief; error-free analysis)
- Commonwealth v. Travaglia, 661 A.2d 352 (Pa. 1995) (background on trial error and appellate review principles)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (Turner/Finley no-merit letter framework)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. 1988) (Turner/Finley framework for withdrawal of counsel)