Commonwealth v. Keaton, 623 Pa. 229

Keaton was convicted of murder and rape in connection with multiple 1992 incidents and filed a PCRA petition for post-conviction relief.
This Court previously remanded to determine whether Keaton invoked a Fifth Amendment right to counsel during a December 19, 1992 custodial interrogation.
A 2012-2013 evidentiary hearing examined Keaton’s claim that he invoked counsel, which would render his January 13, 1993 statements involuntary.
The PCRA court found the record supported that Keaton did not invoke his right to counsel on December 19, 1992, and therefore denied relief on that basis.
On appeal, the Pennsylvania Supreme Court affirmed, holding that the PCRA credibility determinations were supported by the record and Keaton’s Fifth Amendment claim failed, and any ineffective-assistance claims were meritless.
The decision did not require addressing Shatzer because the court found no invocation of counsel on December 19, 1992.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Keaton invoke his right to counsel during the December 19, 1992 interrogation?	Keaton asserts invocation occurred, supported by contemporaneous conduct and corroborating testimony.	Commonwealth asserts the record supports the PCRA court’s credibility finding that no invocation occurred.	No invocation; credibility supported the PCRA finding.
If invocation occurred, were the January 13, 1993 statements admissible under Maryland v. Shatzer?	Invocation would render post-invocation statements involuntary unless protective factors dissented.	Record shows no invocation, so Shatzer not applicable.	Not reached; invocation not found.
Are Keaton’s prior counsel’s alleged deficiencies meritorious based on the invocation ruling?	Prior counsel failed to raise Fifth Amendment issues in light of invocation.	No merit; failure to raise meritless claims cannot establish ineffective assistance.	No guilt-phase relief for ineffective-assistance claims.

Maryland v. Shatzer, 559 U.S. 98 (Supreme Court 2010) (14-day interval dissipates coercive effects of custody)
Commonwealth v. Williams, 950 A.2d 294 (Pa. 2008) (standard for reviewing PCRA credibility findings)
Commonwealth v. Moore, 860 A.2d 88 (Pa. 2004) (credibility determinations bound to record evidence)
Sullivan v. Commonwealth, 371 A.2d 468 (Pa. 1977) (will not disturb PCRA findings if supported by the record)
Pursell, 724 A.2d 293 (Pa. 1999) (axiom that counsel not ineffective for meritless claims)
Thuy v. Commonwealth, 623 A.2d 327 (Pa. Super. 1993) (post-trial counsel not required to pursue meritless claims)