Com. v. Williams, A.
Com. v. Williams, A. No. 2266 EDA 2015
| Pa. Super. Ct. | Feb 10, 2017Background
- Andre Williams pleaded guilty in Philadelphia Municipal Court to terroristic threats and was sentenced to 18 months’ probation on March 18, 2015.
- Williams filed a timely appeal for a trial de novo in the Court of Common Pleas pursuant to Pa.R.Crim.P. 1008.
- The case was scheduled for status on May 6, 2015; Williams failed to appear and counsel accepted service; matter continued to June 15, 2015.
- Williams again failed to appear on June 15, 2015; the Common Pleas court, invoking Pa.R.Crim.P. 1010(B), dismissed the appeal and reinstated the Municipal Court judgment.
- Williams appealed, arguing the dismissal violated his constitutional right to a jury trial because he never waived that right.
- The Superior Court affirmed, finding waiver for failure to raise the issue below and that Rule 1010(B) authorized dismissal in the absence of a showing of good cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal of trial de novo violated right to jury trial | Williams: He never waived jury trial; nonappearance does not forfeit the right; alternative remedies existed | Commonwealth: Rule 1010(B) permits dismissal when defendant absent without cause; Williams waived by not requesting jury or objecting below | Court: Claim waived for failure to raise below; alternatively, dismissal under Rule 1010(B) was proper where Williams offered no explanation |
Key Cases Cited
- Commonwealth v. Askins, 761 A.2d 601 (Pa. Super. 2000) (standard of review and review of trial court discretion)
- Commonwealth v. Akinsanmi, 55 A.3d 539 (Pa. Super. 2012) (dismissal of summary appeal proper if defendant fails to appear and shows no good cause)
- Commonwealth v. Miller, 80 A.3d 806 (Pa. Super. 2013) (constitutional claims are waived if not raised in the trial court)
- Commonwealth v. Cox, 115 A.3d 333 (Pa. Super. 2015) (definition of abuse of discretion standard)