Com. v. Webb, W.
540 EDA 2016
| Pa. Super. Ct. | Oct 11, 2016Background
- Webb was convicted in March 2014 of four counts each of Aggravated Indecent Assault and Indecent Assault, and acquitted on two counts of Indecent Assault; sentenced as a Sexually Violent Predator to seven to fourteen years' imprisonment.
- Appellant sought extraordinary relief; petition for PCRA filed July 17, 2015 alleging ineffective assistance of trial counsel.
- PCRA court issued a Rule 907 notice indicating intent to dismiss without a hearing on December 17, 2015 and dismissed the petition January 20, 2016.
- Appellant timely appealed the PCRA dismissal on February 11, 2016 and filed a court-ordered 1925(b) statement.
- Appellant challenged two prosecutorial misconduct theories and the lack of an evidentiary hearing; the Superior Court addressed both issues.
- Court affirmed the order denying PCRA relief, holding no error in dismissal and no merit to the ineffective-assistance claim regarding prosecutorial misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCRA court erred by dismissing without a hearing | Webb argues factual disputes require a hearing | Commonwealth contends no genuine issues of material fact; proper denial | No error; no factual dispute necessitating a hearing |
| Whether trial counsel was ineffective for failing to object to prosecutorial misconduct | Claims of improper closing and comments on credibility were unpreserved and trial counsel ineffective | Prosecution's closing remarks were within context and not prejudicial | No merit; no prejudice established; petition denied |
Key Cases Cited
- Commonwealth v. Springer, 961 A.2d 1262 (Pa. Super. 2008) (no automatic right to evidentiary hearing in PCRA appeals; decide from record)
- Commonwealth v. Washington, 927 A.2d 586 (Pa. 2007) (presumes counsel effective; requires showing prejudice for ineffectiveness)
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (prejudice element for ineffectiveness established by reasonable probability of different outcome)
- Commonwealth v. Judy, 978 A.2d 1015 (Pa. Super. 2009) (prosecutor may comment on credibility if responsive to defense theory; not improper per se)
- Commonwealth v. Chmiel, 889 A.2d 501 (Pa. 2005) (prosecutor may argue credibility where defense attacked witnesses; context matters)
- Commonwealth v. Tolassi, 392 A.2d 750 (Pa. Super. 1978) (use of first-person terms does not automatically reveal personal opinion)