Commonwealth v. Freeland
106 A.3d 768
Pa. Super. Ct.2014Background
- Freeland was convicted on December 8, 2011 of attempted homicide and related offenses for shooting at two victims, injuring one and missing the other, in retaliation for a prior shooting.
- He was sentenced February 17, 2012 to an aggregate term of 14 to 28 years in prison.
- Freeland directly appealed; this Court affirmed, rejecting claims about the video recording, photo array, and sufficiency, and noting waiver on one claim unless preserved.
- Freeland filed a pro se PCRA petition on March 4, 2013; counsel filed amended petitions and the court held a hearing on September 25, 2013, denying relief.
- On remand (2014), the PCRA court found no abandonment by counsel; counsel submitted a Turner/Finley no-merit letter, and this Court permitted withdrawal after independent review.
- Appellant filed a pro se response and a reply brief; the Majority affirmed withdrawal and denied PCRA relief, with the concurrence disagreeing on scope of review and some rationale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel abandoned Freeland on appeal | Freeland asserts abandonment by PCRA counsel | Counsel testified no abandonment occurred; letter and withdrawal appropriate | Abandonment not shown; withdrawal proper |
| Whether counsel's no-merit letter was properly applied and withdrawal authorized | Counsel failed to properly certify merit and withdraw | Counsel substantially complied and properly withdrew under Turner/Finley | Proper compliance; withdrawal granted |
| Whether Freeland has meritorious PCRA claims requiring relief | Claims raised are meritorious and should be addressed | Claims lack arguable merit and do not satisfy Pierce/Strickland or are waived | No merit or waived; relief denied |
Key Cases Cited
- Commonwealth v. Spotz, 84 A.3d 294 (Pa. 2014) (standard for reviewing PCRA findings; light of record)
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (independent review required for no-merit letters)
- Commonwealth v. Friend, 896 A.2d 607 (Pa. Super. 2006) (abrogated in part by Pitts; additional requirements for counsel withdrawal)
- Commonwealth v. Widgins, 29 A.3d 816 (Pa. Super. 2011) (prolonged procedures for collateral review; Friend requirements applied)
- Commonwealth v. Rykard, 55 A.3d 1177 (Pa. Super. 2012) (application of Turner/Finley framework during collateral review)
- Commonwealth v. Koehler, 36 A.3d 121 (Pa. 2012) (counsels may forego objections for strategic reasons)
- Commonwealth v. Gribble, 863 A.2d 455 (Pa. 2004) (ineffective assistance standard; prejudice analysis)
- Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987) (three-prong test for ineffective assistance of counsel)