Com. v. Schade, B.
3679 EDA 2015
| Pa. Super. Ct. | Nov 3, 2016Background
- Appellant Kenneth B. Schade pleaded guilty on July 14, 2014 to one count of statutory sexual assault and two counts of possessing child pornography as part of a negotiated plea; many additional related charges were nolle prossed.
- The court found Schade to be a sexually violent predator at a § 9799.24(e) hearing and sentenced him to an aggregate term of 54 to 120 months’ imprisonment.
- Schade filed a pro se PCRA petition (dismissed as premature) and then a timely counseled PCRA petition claiming plea counsel unlawfully induced the guilty plea and that he lacked capacity to understand the proceedings; an evidentiary hearing was held on September 14, 2015.
- Plea counsel testified he thoroughly discussed the plea, defenses, risks of trial, and benefits of the agreement; the PCRA court credited counsel’s testimony and found Schade’s contrary testimony not credible.
- The PCRA court concluded Schade’s plea was knowing, voluntary, and intelligent; the Superior Court affirmed, finding no ineffective assistance or manifest injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea counsel unlawfully induced the guilty plea (ineffective assistance) | Schade: counsel pressured him to sign the plea, ignored his objections, and induced an unknowing/involuntary plea | Commonwealth/PCR A court: counsel advised plea reasonably given charge severity, defenses, and sentencing exposure; advice was within competent range | Court held counsel was not ineffective; plea counsel acted reasonably and Schade’s claim failed |
| Whether Schade lacked mental capacity to enter a knowing plea | Schade: age, hearing impairment, poor health, and emotional distress left him unable to understand or participate | Commonwealth/PCRA court: colloquy and hearing showed Schade understood rights, admitted facts, consulted with counsel, and participated coherently | Court held Schade was competent; plea was knowing, voluntary, and intelligent |
Key Cases Cited
- Ragan v. Commonwealth, 923 A.2d 1169 (Pa. 2007) (standard of appellate review for PCRA orders)
- Brown v. Commonwealth, 48 A.3d 1275 (Pa. Super. 2012) (deference to PCRA court credibility findings)
- Washington v. Commonwealth, 927 A.2d 586 (Pa. 2007) (presumption that counsel is effective)
- Johnson v. Commonwealth, 966 A.2d 523 (Pa. 2009) (elements to prove ineffective assistance of counsel)
- Lynch v. Commonwealth, 820 A.2d 728 (Pa. Super. 2003) (PCRA cognizability of plea-induced claims)
- Timchak v. Commonwealth, 69 A.3d 765 (Pa. Super. 2013) (voluntariness of plea depends on counsel’s competence)
- Flanagan v. Commonwealth, 854 A.2d 489 (Pa. 2004) (totality of circumstances test for plea voluntariness)
- Morrison v. Commonwealth, 878 A.2d 102 (Pa. Super. 2005) (manifest injustice standard for post-sentence plea withdrawal)
- Allen v. Commonwealth, 732 A.2d 582 (Pa. 1999) (ineffective assistance can lead to manifest injustice when plea is unknowing)