Commonwealth v. Johnson
27 A.3d 244
| Pa. Super. Ct. | 2011Background
- Appellant Johnson was charged with attempted involuntary deviate sexual intercourse with a child, indecent assault, and indecent exposure after a 5-year-old victim alleged abuse in July 2005.
- Trial evidence included the victim’s delayed description of events; there was no physical evidence of abuse.
- Jury convicted Johnson on January 18, 2007; he was sentenced April 10, 2007 to concurrent terms of 60–120 months, 9–18 months, and 3–6 months.
- Appellant’s direct appeal challenged the trial court’s preclusion of eight reputation witnesses regarding chastity and child-appropriate behavior.
- PCRA petition filed July 10, 2009; PCRA court denied relief on March 17, 2010; Johnson appealed to the Superior Court.
- Majority affirms the PCRA denial; dissent would reverse based on ineffective assistance for excluding reputation evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to properly offer reputation witnesses. | Johnson asserts witnesses would establish community reputation for chastity. | Commonwealth argues witnesses did not provide admissible general reputation testimony and prejudice not shown. | No reversible error; witnesses did not provide admissible general reputation testimony; no prejudice shown. |
Key Cases Cited
- Commonwealth v. Luther, 317 Pa.Super. 41, 463 A.2d 1073 (Pa. Super. 1983) (limits on chastity reputation evidence and admissibility)
- Commonwealth v. Van Horn, 797 A.2d 983, 987-88 (Pa. Super. 2002) (family witnesses may be admissible on reputation grounds)
- Commonwealth v. Weiss, 530 Pa. 1, 606 A.2d 439 (Pa. 1992) (family witnesses may be proper character evidence in sex offenses)
- Commonwealth v. Hull, 982 A.2d 1020, 1022 (Pa. Super. 2009) (character evidence can be decisive where credibility is key)
- Commonwealth v. Lauro, 819 A.2d 100 (Pa. Super. 2003) (expert discussion on admissibility of character evidence for chastity)
- Commonwealth v. Gaines, 167 Pa. Super. 485, 75 A.2d 617 (Pa. Super. 1950) (recognizes community familiarity as knowledge basis for character witnesses)