Com. v. Wright, D.
1723 EDA 2015
| Pa. Super. Ct. | Jun 28, 2016Background
- Darin Wright was convicted by a jury of third-degree murder and carrying a firearm; sentenced to 20–40 years. Conviction affirmed on direct appeal; PCRA petition later filed alleging ineffective assistance of trial and appellate counsel.
- Underlying crime: eyewitness testimony described Wright pointing a handgun at a driver and firing; victim died from a gunshot wound to the head.
- Commonwealth introduced a YouTube rap video by Wright; prosecution argued the lyrics described the murder and showed intent/confession. Commonwealth witness Troy Burton offered an interpretation tying lyrics to the shooting.
- Defense called Dr. Donald Tibbs, a scholar of hip‑hop, to contest the prosecution’s interpretation, testifying that the lyrics were generic/figurative gangsta‑rap and not a confession.
- During closing, prosecutor referenced an out‑of‑record statement ("he caught me slipping"); court sustained defense objection and gave a curative instruction; defense moved for a mistrial which was denied.
- Wright raised three ineffective‑assistance claims in his PCRA: (1) counsel failed to object to the court’s demeanor/credibility jury instruction; (2) appellate counsel ineffectively waived briefing on prosecutor’s out‑of‑record comment; (3) trial counsel erred in calling Dr. Tibbs as a hip‑hop expert. The PCRA court denied relief; Superior Court affirmed.
Issues
| Issue | Wright's Argument | Commonwealth/PCRA Court Argument | Held |
|---|---|---|---|
| 1. Trial counsel ineffective for not objecting to demeanor/credibility jury instruction | Jury instruction (factors like "look, act, speak") is constitutionally defective and injects irrational factors; counsel had no strategic reason not to object | Instruction mirrors Pa.SSJI 4.17 and is proper; counsel had no basis to object | Denied — instruction appropriate; counsel not ineffective |
| 2. Appellate counsel ineffective for "waiving" claim about prosecutor commenting outside the record | Appellate brief failed to analyze or cite record/authority; claim was meritorious and could have won new trial | Court sustained objection at trial, promptly gave curative instruction; any claim was meritless and properly denied on appeal | Denied — claim meritless; curative instruction cured prejudice; appellate counsel not ineffective |
| 3. Trial counsel ineffective for calling Dr. Tibbs as hip‑hop expert | Expert testimony was unreliable, lacked scientific support, and prejudiced Wright by linking him to rap culture and confirming facts of the murder | Tibbs was qualified and directly rebutted Commonwealth’s damaging interpretation of the video; calling him was a reasonable trial strategy | Denied — reasonable basis for calling Tibbs; testimony helpful to defense; counsel not ineffective |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑pronged standard for ineffective assistance requiring deficient performance and prejudice)
- Commonwealth v. Snoke, 580 A.2d 295 (Pa. 1990) (Pa.SSJI 4.17 factors are proper for assessing witness credibility)
- Commonwealth v. Collins, 957 A.2d 237 (Pa. 2008) (trial counsel not ineffective where testimony called had a reasonable tactical basis)
- Commonwealth v. Spatz, 716 A.2d 580 (Pa. 1998) (curative jury instructions can cure prejudicial prosecutorial comments)