Com. v. Wells, E.
518 WDA 2017
| Pa. Super. Ct. | Dec 14, 2017Background
- On October 14, 2012, a confrontation began as an attempted robbery; Zach DeCicco was beaten and Timothy McNerney was struck once, fell, hit his head, and later died.
- Eric Wells admitted to police he delivered the single punch that "knocked [McNerney] out" and later came into possession of McNerney’s cell phone.
- Wells and two co-defendants entered general pleas to homicide and robbery; the court (trial judge) determined the degree of homicide and found all three guilty of third-degree murder and robbery. Wells was sentenced to 10–25 years (murder) plus 3–6 years (robbery) consecutive.
- Wells filed a timely PCRA petition raising ineffective-assistance-of-counsel claims: (1) judge’s alleged participation in plea negotiations, (2) failure to investigate or advise available defenses (intoxication/one-punch theory), (3) failure to advise appellate/withdrawal rights, and (4) advising plea to robbery despite lack of intent.
- The PCRA court dismissed the petition without an evidentiary hearing, finding the record showed counsel’s strategy was reasonable, Wells’ claims lacked merit, and Wells suffered no prejudice; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (Wells) | Defendant's Argument (Commonwealth / PCRA court) | Held |
|---|---|---|---|
| Whether plea counsel was ineffective for permitting judge participation in plea negotiations | Wells: Judge met in chambers with parties and influenced plea; plea involuntary under Evans | PCRA: Record shows agreement reached by parties before judge acted; no evidence judge engaged pre-plea; no prejudice even if judge had participated | Affirmed: No merit; Wells failed to show judge involvement or prejudice |
| Whether counsel failed to investigate/advise defenses to homicide (one-punch, intoxication) | Wells: Single punch and intoxication could support involuntary manslaughter; counsel misadvised that no defense existed | PCRA: Evidence shows severe injury and death from an unexpected punch; malice for third-degree murder (or second-degree felony-murder/conspiracy) is supported; intoxication does not reduce murder to manslaughter here | Affirmed: Counsel not ineffective; record supports third-degree (and alternatively second-degree) murder |
| Whether counsel failed to explain appellate/plea-withdrawal rights | Wells: Counsel did not advise appellate/withdrawal options, prejudicing him because he would have moved / appealed | PCRA: No reasonable probability of different outcome; no meritorious basis shown for appeal/withdrawal given the facts | Affirmed: No prejudice; claim lacks merit |
| Whether counsel was ineffective for advising plea to robbery despite lack of intent | Wells: He lacked specific intent as principal or accomplice; counsel erred in advising plea | PCRA: Record supports conspiracy/accomplice liability and overt acts (possession of phone); accomplice liability requires only minimal concert and can be proven circumstantially | Affirmed: Counsel reasonable; robbery/conspiracy liability supported by record |
Key Cases Cited
- Commonwealth v. Evans, 252 A.2d 689 (Pa. 1969) (trial judge participation in plea bargaining before plea is forbidden because it may undermine voluntariness)
- Commonwealth v. Vealey, 581 A.2d 217 (Pa. Super. 1990) (even if judge improperly participated in plea discussions, withdrawal is not required absent prejudice)
- Commonwealth v. Fisher, 80 A.3d 1186 (Pa. 2013) (third-degree murder requires malice, which can be inferred without specific intent to kill)
- Commonwealth v. Alexander, 383 A.2d 887 (Pa. 1978) (one-punch cases require additional circumstances to infer intent to inflict serious bodily injury)
- Commonwealth v. Patrick, 933 A.2d 1043 (Pa. Super. 2007) (single, unexpected punch causing severe brain injury can support reckless indifference/aggravated assault)
- Commonwealth v. Burton, 2 A.3d 598 (Pa. Super. 2010) (unexpected single blow producing serious injury can establish requisite mens rea)
- Commonwealth v. Poplawski, 852 A.2d 323 (Pa. Super. 2004) (counsel cannot be ineffective for failing to pursue meritless claims)
- Commonwealth v. Cox, 983 A.2d 666 (Pa. 2009) (framework for PCRA ineffective-assistance-of-counsel claims)