Com. v. Williams, K.
Com. v. Williams, K. No. 2652 EDA 2016
| Pa. Super. Ct. | Jun 14, 2017Background
- Appellant Kenneth Williams pled guilty to third-degree murder and related offenses under a negotiated sentence of 22.5 to 45 years, plus firearm charges, for a total of 22.5 to 45 years.
- The plea included statements of fact recounting three gunshots, the victim’s death, and alleged drug-related motive; Williams had a prior firearms-disqualifying conviction.
- Williams did not file a direct appeal; he filed a timely pro se PCRA petition on July 9, 2015.
- PCRA claims included ineffective assistance of plea counsel for not investigating self-defense, coercion into pleading guilty, illegal mandatory minimum sentence, and transcript access issues.
- PCRA counsel later moved to withdraw under Turner/Finley after a no-merit letter; the court issued Rule 907 notice and dismissed the petition.
- Williams challenged two issues on appeal: vagueness of 18 Pa.C.S.A. § 2502(c) and ineffective assistance related to the guilty plea; the court held the vagueness claim was waived and rejected the ineffectiveness claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 2502(c) void for vagueness or overbreadth? | Williams argues § 2502(c) is unconstitutionally vague. | Commonwealth contends the claim was not raised in PCRA petition and is waived on appeal. | Waived; not cognizable on appeal. |
| Was plea counsel ineffective for failing to investigate self-defense and related issues? | Williams asserts trial/plea counsel failed to investigate self-defense and coerced plea. | Commonwealth argues no reasonable basis for investigation and no showing plea would have gone to trial. | No reversible error; claims lack merit under Strickland framework as record shows no reasonable probability of different outcome. |
Key Cases Cited
- Commonwealth v. Rivera, 10 A.3d 1276 (Pa. Super. 2010) (PCRA review bound by record; standard of proof by preponderance)
- Commonwealth v. Fulton, 830 A.2d 567 (Pa. 2003) (ineffectiveness requires three-prong test; prejudice needed)
- Hill v. Lockhart, 474 U.S. 52 (1985) (necessity of showing a reasonable probability of trial outcome change)
- Commonwealth v. Stork, 737 A.2d 789 (Pa. Super. 1999) (presumption of voluntariness of guilty plea; burden on defendant to show involuntariness)
- Commonwealth v. Hanson, 24 A.3d 410 (Pa. Super. 2011) (self-defense instructions not warranted where justification not present)
- Commonwealth v. Moser, 921 A.2d 526 (Pa. Super. 2007) (ineffectiveness claims tied to whether plea was knowing and voluntary)
- Commonwealth v. Hansley, 24 A.3d 410 (Pa. Super. 2011) (testing self-defense elements; jury instruction not warranted where not met)
- Commonwealth v. Santiago, 855 A.2d 682 (Pa. 2004) (claims not raised in PCRA petition are waived on appeal)
- Commonwealth v. Tyler, 587 A.2d 326 (Pa. Super. 1991) (pretrial impeachment concerns limited impact on plea decisions)