Com. v. Williams, G.
Com. v. Williams, G. No. 1417 EDA 2016
| Pa. Super. Ct. | Jul 24, 2017Background
- George Williams (aka “Killa”) was convicted by a jury of second-degree murder, conspiracy, and carrying a firearm without a license for the October 2007 killing of Derrick Ralston; he received life without parole.
- Witnesses (Vinzenni and Miller) testified they saw three Black men chase and then shots fired at a naked white male; both identified Williams from photo arrays as the man called “Killa.”
- Williams gave multiple statements to police: initially admitted presence but blamed others (Raheem and Stacks), then modified accounts; police found a photo of Williams holding a Walther P‑38 on his cell phone; ballistics showed the murder weapon was a .380, not a P‑38.
- Trial court denied a pretrial motion in limine to bar use of Williams’s nickname and a photograph of him with a gun; this ruling was affirmed on direct appeal (Commonwealth v. Williams).
- Williams filed a timely counseled PCRA petition raising multiple layered ineffective-assistance claims, a challenge to his life sentence under the Eighth and Fourteenth Amendments, and argued the PCRA court erred by dismissing without an evidentiary hearing.
- The PCRA court dismissed the petition under Pa.R.Crim.P. 907; the Superior Court affirmed, finding the claims waived, undeveloped, or without arguable merit and that no evidentiary hearing was required.
Issues
| Issue | Williams' Argument | Commonwealth/PCRA Court Argument | Held |
|---|---|---|---|
| 1. Trial counsel ineffective for failing to preserve objection to felony-murder jury charge | Charge on felony murder was erroneous; counsel should have renewed objection | Charge tracked PA suggested jury instruction; Williams offered no specific error or prejudice | Denied — claim undeveloped and meritless; counsel not ineffective |
| 2. Counsel ineffective for failing to renew motion in limine / move for mistrial over use of nickname and gun photo | Use of nickname “Killa” and photo prejudiced jury; counsel should have renewed/asked mistrial | Trial court properly admitted nickname/photo for identification; direct appeal already reviewed merit on the merits; prosecutor’s references were not inflammatory | Denied — issue already decided on direct appeal or lacked arguable merit; no counsel ineffectiveness |
| 3. Layered claims (post‑trial/appellate counsel ineffective) for failing to raise various trial errors (e.g., coherent defense, sufficiency challenge) | Subsequent counsel failed to raise/press meritorious issues, including duress defense and sufficiency of conspiracy evidence | Many claims were waived, undeveloped, not raised in PCRA or Rule 1925(b), or lacked legal support | Denied — claims waived or meritless; layered ineffectiveness fails if underlying claim fails |
| 4. Eighth Amendment challenge to life without parole because Williams “was not the shooter” | Sentence is arbitrary and lacks individualized consideration; unconstitutional to punish non-shooter as severely | Claim minimally developed; cited inapposite authority; Eighth Amendment challenges may be raised but argument here is waived or undeveloped | Denied — claim waived for inadequate development and legal support; sentence upheld |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard: deficient performance and prejudice)
- Commonwealth v. Williams, 58 A.3d 796 (Pa. Super. 2012) (direct-appeal decision affirming trial court’s rulings on nickname and photo)
- Commonwealth v. Pierce, 786 A.2d 203 (Pa. 2001) (three‑prong test for ineffectiveness under Pennsylvania law)
- Commonwealth v. Rolan, 964 A.2d 398 (Pa. Super. 2008) (failure to address Strickland prongs is fatal to ineffectiveness claim)
- Commonwealth v. Ogrod, 839 A.2d 294 (Pa. 2003) (counsel not ineffective for failing to move for mistrial where claim lacks arguable merit)