Com. v. Norwood, K.
319 EDA 2016
| Pa. Super. Ct. | Jan 12, 2017Background
- Keith Norwood pleaded guilty on October 9, 2012 to third-degree murder, conspiracy to commit third-degree murder, and possession of instruments of crime; received an aggregate 25–50 year sentence.
- Norwood did not file a direct appeal; instead he filed a timely pro se PCRA petition on October 9, 2013 and later obtained counsel.
- The trial court reinstated Norwood’s direct appellate rights nunc pro tunc on January 15, 2016; Norwood then filed a late appeal contesting the voluntariness of his plea.
- Norwood’s sole claim: his guilty plea was not knowing, intelligent, or voluntary because he was not properly informed of the mens rea elements of third-degree murder and of conspiracy to commit third-degree murder.
- At the plea colloquy the Commonwealth defined third-degree murder as requiring malice (acting with complete disregard for human life) and described conspiracy as an agreement plus an overt act to promote committing third-degree murder (agreeing to cause serious bodily injury that resulted in death).
- The trial court and Superior Court reviewed the plea colloquy and concluded the explanations adequately conveyed the required mens rea elements; Norwood’s voluntariness challenge therefore failed.
Issues
| Issue | Norwood's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether Norwood’s guilty plea was involuntary because he was not informed of mens rea for third-degree murder | The plea lacked notice of the malice element; thus plea was not knowing/intelligent/voluntary | The colloquy defined malice as acting with complete disregard for human life and adequately conveyed the element | Court held plea was voluntary; malice was sufficiently explained |
| Whether plea was involuntary because conspiracy mens rea was not explained | Norwood argued he was misinformed about elements of conspiracy to commit third-degree murder | Commonwealth explained conspiracy as agreement + overt act to commit serious bodily injury resulting in death; Fisher supports conspiracy to third-degree murder | Court held explanation matched Fisher and was adequate; claim failed |
Key Cases Cited
- Commonwealth v. Lincoln, 72 A.3d 606 (Pa. Super. 2013) (guilty plea waives nonjurisdictional defects except plea validity and sentence legality)
- Commonwealth v. Broaden, 980 A.2d 124 (Pa. Super. 2009) (to withdraw plea after sentence, defendant must show manifest injustice; voluntariness inquiry)
- Commonwealth v. McHale, 858 A.2d 1209 (Pa. Super. 2004) (definition and role of malice in elevating homicide to murder)
- Commonwealth v. Fisher, 80 A.3d 1186 (Pa. 2013) (conspiracy to commit third-degree murder is cognizable when defendants act without regard for victim’s life; agreement to brutal attack that does not require intent to kill can constitute conspiracy to third-degree murder)