Commonwealth v. Perez
103 A.3d 344
| Pa. Super. Ct. | 2014Background
- Appellant Perez was convicted of third-degree murder and firearm offenses in Philadelphia; PCRA petition denied after dismissal notice.
- Trial evidence included Nesbitt’s testimony that Appellant drew a gun in a car with the victim, Nesbitt, and the victim.
- Eyewitness Roman saw Appellant firing the gun and police found shell casings and a gun near a vacant lot.
- Morse testified to interactions with Appellant at the victim’s grandmother’s home; Hunter described a home intrusion.
- Appellant asserted ineffective assistance of counsel for failing to object to a missing no-adverse-inference instruction and to a missing jury instruction on prior consistent statements; PCRA court denied relief.
- Appellant appealed alleging ineffective assistance claims; this Court affirmed the PCRA denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not objecting to the no-adverse-inference instruction omission | Perez | Perez claims prejudice from missing instruction | Not prejudicial; no reasonable probability of different outcome |
| Whether trial counsel was ineffective for not requesting a prior consistent statements instruction | Perez | Perez argues rehabilitative instruction needed | Not prejudicial; cumulative evidence supports conviction |
Key Cases Cited
- Commonwealth v. Lewis, 598 A.2d 975 (Pa. 1991) (no-adverse-inference instruction required when timely requested)
- Commonwealth v. Stanley, 830 A.2d 1021 (Pa. Super. 2003) (prejudice per se rejected; need individualized prejudice inquiry)
- Commonwealth v. Thompson, 674 A.2d 217 (Pa. 1996) (no-adverse-inference colloquy rule; three-prong test guidance)
- Commonwealth v. Edwards, 637 A.2d 259 (Pa. 1993) (early guidance on no-adverse-inference)
- Commonwealth v. Howard, 645 A.2d 1300 (Pa. 1994) (no per se prejudice for failure to obtain instruction)