Com. v. Oliver, T.
Com. v. Oliver, T. No. 3452 EDA 2015
| Pa. Super. Ct. | Mar 20, 2017Background
- July 10, 2011: Victim Leonard Kobb was stabbed in the face during a large street altercation after confronting a fight involving his girlfriend; he required 20 stitches and two days’ hospitalization.
- Toshaan Oliver was arrested nearby and, following a non‑jury trial in October 2012, was convicted of aggravated assault, possession of an instrument of crime (PIC), simple assault, and recklessly endangering another person; sentenced to 8–16 years (aggravated assault) plus 1–2 years consecutive (PIC).
- Direct appeal affirmed by this Court on January 31, 2014.
- Oliver filed a timely pro se PCRA petition (March 31, 2014); counsel filed a Turner/Finley letter seeking withdrawal; trial court issued a Pa.R.Crim.P. 907 notice and dismissed the petition on October 26, 2015; Oliver appealed pro se.
- At trial the victim testified he and Oliver had known each other ~20 years and were face‑to‑face during the attack; parties stipulated to the victim’s hospital report showing intoxication at admission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to argue violation of confrontation/due process rights | Oliver: trial/appellate counsel failed to raise 6th/14th Amendment confrontation and due process violations | Commonwealth: the purported accuser (Gabby Mason) did not testify; victim who testified was Kobb and confrontation right was satisfied | Denied — claim meritless; no confrontation violation shown |
| Whether counsel was ineffective for not challenging pretrial identification and inconsistent statements | Oliver: counsel failed to challenge suggestive preliminary‑hearing ID, failed to move to suppress, and did not confront inconsistent testimony | Commonwealth: victim and Oliver had longstanding acquaintance and were face‑to‑face, providing independent basis to identify; inconsistent statements immaterial | Denied — no prejudice; independent basis for ID and issue would be meritless |
| Whether counsel was ineffective for not introducing victim’s medical records re: intoxication | Oliver: medical records would show Kobb was too intoxicated to identify attacker | Commonwealth: parties stipulated to hospital report at trial showing intoxication at admission, so this fact was before the judge | Denied — claim lacks merit; intoxication evidence was presented by stipulation |
Key Cases Cited
- Commonwealth v. Johnston, 42 A.3d 1120 (Pa. Super. 2012) (standard of review for PCRA dismissal)
- Commonwealth v. Spotz, 47 A.3d 63 (Pa. 2012) (three‑part test for ineffective assistance of counsel)
- Commonwealth v. Steward, 775 A.2d 819 (Pa. Super. 2001) (factors for independent basis of identification)
- Commonwealth v. Williams, 84 A.3d 680 (Pa. 2014) (confrontation right requires opportunity to confront witnesses)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (procedures for counsel seeking to withdraw in collateral appeals)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (same)