Com. v. Platt, L.
Com. v. Platt, L. No. 1326 WDA 2016
| Pa. Super. Ct. | Apr 13, 2017Background
- On Nov. 11 and Nov. 15, 2013, Platt and Taylor Foley fired multiple shots at residences and vehicles; later on Nov. 15 Platt shot and killed Richard Hogue inside an apartment after an argument.
- Forensic pathologist testified the bullet entered front-to-back, left-to-right and downward relative to standard anatomical position.
- Witness Foley testified Platt and Hogue were standing across the room, Platt lowered a .45 from shoulder height, and the shot struck Hogue in the abdomen; Foley denied seeing who fired.
- Police recovered multiple .45 and 9mm casings at shooting scenes; Platt was arrested after being identified by Foley.
- Jury convicted Platt of third-degree murder and related firearm and REAP offenses; sentenced to an aggregate 22–52 years.
- On appeal Platt raised (1) prosecutorial misconduct in closing argument (alleged facts not in evidence), (2) denial of suppression for custodial statements (Miranda related), and (3) that the verdict was against the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct in closing argument (arguing victim "flinched") | Commonwealth: closing was proper argument drawing reasonable inferences from pathologist and Foley testimony | Platt: prosecutor invented movement not supported by record to rebut defense that Crumb fired the shot | Court: No abuse of discretion — prosecutor’s flinch theory was a reasonable inference from evidence and permitted in argument |
| Suppression of statements to Trooper Price and Officer Damon (Miranda) | Commonwealth: initial exchanges with Trooper Price were routine/non-interrogative; Damon Mirandized Platt before interrogation | Platt: Price’s questions were custodial interrogation requiring Miranda; any later statements should be suppressed | Court: Questions by Price were basic, non‑interrogative (not likely to elicit incriminating response); Damon Mirandized Platt; denial of suppression affirmed |
| Weight of the evidence (third‑degree murder) | Platt: physical evidence and witness testimony made it unreasonable to find Platt fired the fatal shot; verdict against weight | Commonwealth: jury properly weighed conflicting testimony and forensic evidence | Court: Claim waived — Platt failed to file a post‑sentence/new trial motion as required; issue not considered on merits |
Key Cases Cited
- Commonwealth v. Stafford, 749 A.2d 489 (Pa. Super. 2000) (prosecutor may argue reasonable inferences from evidence)
- Commonwealth v. Rolan, 964 A.2d 398 (Pa. Super. 2008) (standard for reviewing prosecutorial misconduct)
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (standard for reviewing suppression rulings)
- Commonwealth v. Gwynn, 723 A.2d 143 (Pa. 1998) (objective totality test for custodial interrogation)
- Commonwealth v. Johnson, 541 A.2d 332 (Pa. Super. 1988) (Miranda required prior to custodial interrogation)
- Commonwealth v. Busch, 713 A.2d 97 (Pa. Super. 1998) (factors to determine whether detention is custodial)