Com. v. Murphy, G.
246 MDA 2016
| Pa. Super. Ct. | Dec 16, 2016Background
- Gina A. Murphy pled guilty on July 17, 2014 to third-degree murder and related misdemeanors for the shooting death of her ex-husband; sentenced January 23, 2015 to 12½–25 years.
- No post-sentence motions or direct appeal were filed; Murphy timely filed a pro se PCRA petition on May 6, 2015.
- Appointed counsel filed a Turner/Finley no‑merit letter and petition to withdraw; the PCRA court issued a Pa.R.Crim.P. 907 notice and dismissed the petition on December 9, 2015.
- Murphy filed a timely pro se appeal, later sought extensions and requested copies of her PCRA filings; the court eventually granted counsel’s withdrawal and Murphy filed a Rule 1925(b) statement late.
- On appeal Murphy raised ineffective-assistance claims related to plea advice, competency/PTSD affecting plea voluntariness, and failure to present mitigating witnesses/expert evidence at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Counsel ineffective re: plea advice (informed/voluntary plea) | Murphy says counsel never showed case materials, misled her about sentence, didn’t explain third-degree murder, open plea, or 10‑day withdrawal right | Court relied on plea colloquy and record showing Murphy understood charges, consequences, and that plea was open | Denied—plea was knowing, intelligent, voluntary; no manifest injustice from counsel conduct |
| Counsel failed to recognize incompetence due to PTSD (competency/voluntariness) | Murphy claims PTSD/battered‑spouse history left her unable to make informed decision or ask questions | Claim not raised in PCRA petition and thus waived; record shows competency/colloquy adequate | Waived and no relief; alternatively, insufficient support for claim |
| Failure to present witnesses/expert evidence at sentencing (mitigation) | Murphy argues counsel failed to call family/friends or present battered‑woman evidence to mitigate sentence | Record shows counsel presented daughter, friend testimony and Dr. Dattilio (psychologist) addressing PTSD and battered‑woman characteristics | Denied—trial-level mitigation presented; Murphy fails to show prejudice or that additional testimony would change outcome |
| Procedural default: Rule 1925(b) timeliness and record issues | Murphy seeks extensions and contends filings were mailed; asserts court’s handling prevented timely statement | Appeals court finds extension requests not timely filed of record; some filings not in certified record; Gravely/Preston principles apply | Issues deemed waived for failing to comply with Rule 1925(b); appellate review limited to certified record |
Key Cases Cited
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (procedures for counsel withdrawal and no‑merit letters)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (no‑merit letter framework)
- Commonwealth v. Gravely, 970 A.2d 1137 (Pa. 2009) (timely Rule 1925(b) statement or extension required; untimely statement waives issues)
- Commonwealth v. Donaghy, 33 A.3d 12 (Pa. Super. 2011) (standard of review for PCRA dismissal)
- Commonwealth v. Simpson, 112 A.3d 1194 (Pa. 2015) (ineffective assistance test; elements to prove)
- Commonwealth v. Kelley, 136 A.3d 1007 (Pa. Super. 2016) (standards for evaluating plea‑colloquy voluntariness)
- Commonwealth v. Yeomans, 24 A.3d 1044 (Pa. Super. 2011) (statements in open court under oath bind defendant)
- Commonwealth v. Miner, 44 A.3d 684 (Pa. Super. 2012) (appellant bears burden to show PCRA court erred)
- Commonwealth v. Pander, 100 A.3d 626 (Pa. Super. 2014) (elements for ineffective assistance based on failure to call witnesses)
- Commonwealth v. Prendes, 97 A.3d 337 (Pa. Super. 2014) (procedural knowledge of plea‑withdrawal standards not required for plea voluntariness)