Commonwealth v. Miller
212 A.3d 1114
| Pa. Super. Ct. | 2019Background
- In 1999 Kenneth Miller was convicted of two counts of first‑degree murder, robbery, and conspiracy for the murders of attorney Charles Love and paralegal Brian Barry; Blakeney pleaded guilty and testified against Miller.
- Miller received death sentences that were later vacated on PCRA review; in 2014 the PCRA court granted penalty‑phase relief and resentenced Miller to life without parole (LWOP).
- Miller filed a pro se PCRA petition in 2004 and an amended petition in 2008 raising Brady, multiple ineffective‑assistance claims, juror‑misconduct allegations, prosecutorial misconduct, cumulative error, and complaints about the PCRA process.
- The PCRA court held evidentiary hearings on some guilt‑phase claims, granted penalty relief, but denied guilt‑phase and other claims in a January 12, 2017 order. Miller timely appealed to the Superior Court.
- The Superior Court first resolved jurisdiction: because the death penalty had been vacated and LWOP imposed, the Supreme Court did not have exclusive jurisdiction and the Superior Court could hear the appeal.
- On the merits the Superior Court affirmed the PCRA court, rejecting Miller’s Brady claims regarding Blakeney’s sealed plea and mental‑health records, denying layered ineffective‑assistance claims, finding juror‑impeachment evidence waived or meritless, and rejecting cumulative and PCRA‑procedure complaints.
Issues
| Issue | Miller's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Jurisdiction: whether appeal must go to Pa. Supreme Court under 42 Pa.C.S. § 9546(d) | Miller asserted PCRA order followed a capital sentence so Supreme Court has exclusive jurisdiction | Commonwealth and PCRA court maintained death sentence was vacated and LWOP now controls; thus Superior Court has jurisdiction | Superior Court: exclusive jurisdiction requires a death sentence still pending; because Miller was resentenced to LWOP, Superior Court has jurisdiction |
| Brady (withheld plea transcript and Blakeney mental‑health records) | Miller: records would impeach Blakeney’s credibility (psychosis, blackouts, rage) and were material and suppressed | Commonwealth: did not possess/seal records; even if known, the records did not show impairment relevant to perception/recall of the crimes | Denied: Miller failed to show Commonwealth had or suppressed material impeachment evidence or that records would have undermined trial testimony |
| Juror misconduct / layered ineffective assistance (alleged coercion of Juror 11; Juror 9 consulted minister/prayed) | Miller: counsel failed to investigate/preserve claims that jurors were coerced and that religious consultation affected verdict | Commonwealth: juror‑interviewing duty limited; defense counsel reasonably accepted court’s remedial instructions; claim was waived on direct appeal or meritless | Denied: claims waived or meritless; counsel had objectively reasonable bases; juror impeachment rules limit post‑verdict inquiry |
| Ineffective assistance for pretrial preparation and failure to pursue impeachment evidence; cumulative error; PCRA hearing fairness | Miller: trial counsel did not meet sufficiently or investigate Blakeney; appellate counsel ineffective for not raising these; errors cumulatively prejudiced him; PCRA process unfair | Commonwealth: trial counsel credibly testified to preparation; many claims lacked arguable merit or were previously litigated; Miller failed to develop appellate arguments | Denied: PCRA court credited counsel’s testimony; many claims meritless/waived/previously litigated; cumulative prejudice not established; procedural complaints waived for lack of developed argument |
Key Cases Cited
- Commonwealth v. Miller, 819 A.2d 504 (Pa. 2002) (direct appeal affirming convictions and addressing accomplice testimony)
- Commonwealth v. Bryant, 780 A.2d 646 (Pa. 2001) (jurisdictional analysis when new penalty hearing pending)
- Commonwealth v. Rompilla, 983 A.2d 1207 (Pa. 2009) (vacated death sentence replaced by life removes Supreme Court exclusive jurisdiction)
- Commonwealth v. Kindler, 147 A.3d 890 (Pa. 2016) (9546(d) grants Supreme Court jurisdiction where petitioner faces death)
- Commonwealth v. Spotz, 47 A.3d 63 (Pa. 2012) (Brady standard and ineffective assistance framework)
- Commonwealth v. Davido, 106 A.3d 611 (Pa. 2014) (mental‑health evidence admissible for impeachment only if it impairs perception/recall/reporting)
- Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008) (limits and ethics of post‑verdict juror interviews; juror impeachment rules)
- Bayview Loan Servicing, LLC v. Lindsay, 185 A.3d 307 (Pa. Super. 2018) (statutory interpretation principles)
- Gross v. Nova Chemicals Servs., Inc., 161 A.3d 257 (Pa. Super. 2017) (rules on construing statutory language)