Com. v. Noaks, T.
Com. v. Noaks, T. No. 1138 WDA 2014
| Pa. Super. Ct. | Aug 25, 2017Background
- Appellant Terrel Noaks and co-defendant Jerod Cager were charged after the Aug. 14, 2011 killing of Antwan Leake in a Pittsburgh-area home.
- Jury trial occurred Jan. 23–31, 2014; Noaks was convicted of third-degree murder and a firearms violation; Cager was convicted of first-degree murder and the same firearms offense; conspiracy convictions were acquitted.
- The trial court denied Noaks’s motion to sever; it ordered redactions to Cager’s statement and barred certain evidence about guns and drug dealing, with Brown-based limiting instructions.
- Evidence included eyewitness identification, cell phone records placing both defendants near the crime, ballistic evidence linking guns to the scene, and testimony of fleeing the kitchen after shots.
- Noaks was sentenced on June 16, 2014 to 200–480 months for third-degree murder and 25–50 months for the firearms offense; Cager received life without parole for first-degree murder and 40–80 months for the firearms offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance denial prejudiced Noaks | Noaks claims severance was required due to prejudicial evidence | State argues joint trial was appropriate given conspiracy charges | Denied; no manifest abuse or prejudice |
| Sufficiency of firearms conviction | Evidence linked Noaks to the concealed firearm not licensed to carry | Circumstantial proof suffices to connect Noaks to the crime | Sufficient evidence supports §6106(a)(1) conviction |
| Sufficiency of third-degree murder conviction | No witness placed Noaks at the scene; no scientific link tying him to scene | Circumstantial evidence and totality show malice and connection to crime | Sufficient evidence supports third-degree murder conviction |
Key Cases Cited
- Commonwealth v. Wholaver, 989 A.2d 883 (Pa. 2010) (severance discretion and prejudice standards)
- Commonwealth v. Newman, 528 Pa. 393, 598 A.2d 275 (Pa. 1991) (joinder/severance considerations)
- Commonwealth v. Brown, 925 A.2d 147 (Pa. 2007) (severance with conspiracy; limiting instructions persuasive)
- Commonwealth v. Rahman, 75 A.3d 497 (Pa. Super. 2013) (standard for reviewing sufficiency of evidence)
- Commonwealth v. Parker, 847 A.2d 745 (Pa. Super. 2004) (elements and sufficiency for carrying a firearm without a license)
- Commonwealth v. Truong, 36 A.3d 592 (Pa. Super. 2012) (definition of third-degree murder; malice from circumstances)
- Commonwealth v. Pettyjohn, 64 A.3d 1072 (Pa. Super. 2013) (sufficiency standard for circumstantial evidence)
- Commonwealth v. Coon, 695 A.2d 794 (Pa. Super. 1997) (sufficiency and circumstantial evidence principles)