Commonwealth v. Brown
48 A.3d 1275
| Pa. Super. Ct. | 2012Background
- Appellant pled guilty to third degree murder, theft, flight to avoid apprehension, false imprisonment, abuse of corpse, and tampering with physical evidence; aggregate sentence 30–60 years.
- No post-sentence motions or direct appeal filed; PCRA filed pro se, counsel appointed, amended PCRA petition, hearing held, petition denied, appeal timely filed.
- Appellant argues ineffective assistance of counsel for inadequate trial preparation and consultation, including lack of defense preparation, unfavorable trial outlook, no discussion of lesser offenses or discovery, and alleged coercive waiver of preliminary hearing.
- Plea was entered knowingly, voluntarily, and intelligently; appellant’s statements at the plea colloquy bind him, and he cannot rely on post-plea reasons to withdraw the plea.
- Record showed false imprisonment charge involved dragging the decedent into a car and transporting to a location; decedent was alive during the drag and transport according to the court, settling factual basis.
- Court affirmed PCRA denial, holding no substantial ineffectiveness and no prejudice; appellant failed to show ineffective assistance or coercion affecting the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance or coercion in plea | Appellant argues counsel failed to prepare and consult, coercing plea | Appellant was fully advised and chose to plead guilty | No relief; plea voluntary and informed |
| False imprisonment conviction adequacy | Counsel lacked basis to plead to false imprisonment | Record supported ongoing confinement; factual basis existed | No ineffective assistance; sufficient factual basis |
Key Cases Cited
- Commonwealth v. Anderson, 995 A.2d 1184 (Pa.Super.2010) (standard of review for PCRA adherence to record and legal error; deference to factual findings)
- Commonwealth v. Bennett, 19 A.3d 541 (Pa.Super.2011) (burden on appellant to persuade PCRA court of error and entitlement to relief)
- Commonwealth v. Moser, 921 A.2d 526 (Pa.Super.2007) (plea must be knowing, voluntary, and intelligent)
- Commonwealth v. McCauley, 797 A.2d 920 (Pa.Super.2001) (claims of counsel ineffectiveness in plea require showing of involuntariness or unknowing plea)