Com. v. Woodard, C.
Com. v. Woodard, C. No. 722 EDA 2016
| Pa. Super. Ct. | Jun 13, 2017Background
- In October 2008 Woodard, with two accomplices, attacked Vernon Kulb while he rode his bicycle; Woodard struck Kulb, rifled his pockets, and shot him in the back.
- Police recovered firearms nearby; Kulb identified Woodard from a photographic array.
- A jury convicted Woodard (and co-defendant Hayes) of attempted murder, aggravated assault, robbery, conspiracy, possession of instruments of crime, and multiple firearms offenses; a subsequent waiver trial resulted in a conviction for possession of a firearm by a prohibited person.
- Woodard received an aggregate sentence of 30 to 60 years on July 30, 2010; direct appeals were denied and the Pennsylvania Supreme Court denied review.
- Woodard filed a timely first PCRA petition in 2013 alleging trial and appellate counsel were ineffective for failing to challenge his sentence as illegal under Alleyne v. United States and related Pennsylvania authority.
- The PCRA court denied relief without a hearing (finding no mandatory minimum was applied), and the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to challenge Woodard's sentence as illegal under Alleyne/Hopkins | Woodard: counsel should have argued mandatory-minimum sentencing provisions applied and were unconstitutional under Alleyne | Commonwealth: no mandatory minimum was invoked at sentencing; counsel not ineffective for failing to predict a future change in law; Alleyne not retroactive to cases with final direct review | The court held Woodard failed to show arguable merit or prejudice: no mandatory minimum was imposed, Alleyne inapplicable, and counsel not ineffective; PCRA denial affirmed |
Key Cases Cited
- Alleyne v. United States, 570 U.S. 1 (2013) (mandatory-minimum facts are elements that must be found by a jury)
- Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) (applies Alleyne to strike drug-free school-zone mandatory minimums)
- Commonwealth v. Zeigler, 112 A.3d 656 (Pa. Super. 2015) (sentence exceeding mandatory minimum is not based on the mandatory statute)
- Commonwealth v. Ligons, 971 A.2d 1125 (Pa. 2009) (standard for ineffective assistance of counsel)
- McMillan v. Pennsylvania, 477 U.S. 79 (1986) (upheld certain state firearm mandatory minimums pre-Alleyne)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne not retroactive to cases with final direct review)
- Commonwealth v. Bennett, 57 A.3d 1185 (Pa. 2012) (counsel not required to predict changes in law)