Com. v. Reagan, E.
647 EDA 2017
| Pa. Super. Ct. | Oct 18, 2017Background
- Eugene Reagan convicted by jury of attempted murder, aggravated assault, two counts of recklessly endangering another person, and carrying a firearm without a license; sentenced to an aggregate 15–30 years' imprisonment.
- Post-sentence, Reagan filed a pro se motion to reconsider; counsel James Brose was appointed and later filed an Anders brief seeking withdrawal on grounds the appeal was frivolous.
- Trial evidence included eyewitness testimony and bar video placing Reagan at the scene; Reagan claimed the gun fired accidentally.
- Trial court ruled on several evidentiary and instruction issues: limited testimony about prior incidents with Reagan’s ex-wife, allowed a witness to testify despite minor discrepancies with prior statements, initially restricted but later admitted testimony/exhibit about Reagan’s expired license, and gave a flight-as-consciousness-of-guilt jury instruction.
- Trial court and Superior Court independently reviewed the record and found any errors harmless given the strength of the Commonwealth’s evidence; Superior Court granted counsel’s motion to withdraw and affirmed the judgment of sentence.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Reagan) | Held |
|---|---|---|---|
| Trial court’s grant of Commonwealth’s motion in limine limiting testimony about prior incidents with ex-wife | Limitation was proper to exclude irrelevant/prejudicial prior non-criminal disputes | Reagan sought to admit prior incidents as context; argued relevance to credibility or intent | Denial of broader testimony affirmed; if error, it was harmless given overwhelming evidence of guilt |
| Denial of Reagan’s motion to preclude witness Bates from testifying differently than his prior statement | Permitted testimony; discrepancies were minor and jury could assess credibility | Bates’s in-court testimony differed slightly about timing/location; defense argued prior statement variance required exclusion | Affirmed: discrepancy was minor, cross-examination available, not prejudicial |
| Rulings regarding Reagan’s expired license to carry a firearm | Admission ultimately allowed; trial court properly managed relevance and form of proof | Defense initially sought to preclude, then used license as a defense exhibit to show permissive possession | Affirmed: license testimony/exhibit was appropriately handled and any preliminary limitation was harmless |
| Jury instruction on flight as consciousness of guilt | Instruction based on model jury instruction was proper where Reagan drove away after shooting | Defense argued flight did not necessarily show consciousness of guilt; factual context could mitigate inference | Affirmed: instruction appropriate under circumstances |
| Sufficiency of the evidence to support convictions | Commonwealth relied on consistent eyewitness testimony, video, and firearms expert explaining gun would not fire accidentally | Reagan admitted approaching car and claimed accidental discharge; contested intent to fire to injure or kill | Affirmed: evidence, including expert testimony that the gun required trigger pull, was sufficient to permit jury to infer intent |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel seeking to withdraw when appeal deemed frivolous)
- Commonwealth v. Edwards, 906 A.2d 1225 (Pa. Super. 2006) (Anders procedural requirements summarized)
- Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009) (content/requirements for Anders brief)
- Commonwealth v. Garang, 9 A.3d 237 (Pa. Super. 2010) (court must rule on withdrawal request before reviewing merits)