Commonwealth v. Phillips
31 A.3d 317
| Pa. Super. Ct. | 2011Background
- Appellant Andre Phillips was arrested July 19, 2005 for Robbery, Possessing Instruments of Crime, Conspiracy and related offenses; convicted May 15, 2006 after jury trial.
- On March 8, 2008, this Court affirmed and remanded for resentencing to correct weapons enhancement; Supreme Court denied allowance on Jan 21, 2009.
- Trial court resentenced Phillips March 13, 2009 to an aggregate term of 7.5 to 15 years; Phillips did not appeal the new judgment.
- February 4, 2010 Phillips filed a pro se PCRA petition; PCRA counsel amended it to challenge voir dire public access.
- November 30, 2010 the PCRA court denied the petition; appellate briefing framed issues around exclusion of the public from voir dire; Presley v. Georgia was discussed.
- This Court affirmed, holding Presley not retroactive and the issue previously litigated on direct appeal; no PCRA relief warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of public from voir dire violated Sixth Amendment | Phillips argues Presley requires reexamination | Commonwealth relies on prior direct appeal ruling | No relief; issue previously litigated; Presley not retroactive |
| Presley retroactivity on collateral review | Presley should apply to collateral review | Presley not retroactive absent specific holding | Presley not retroactive; relief denied |
Key Cases Cited
- Phillips, Commonwealth v., 946 A.2d 103 (Pa. 2008) (direct appeal ruling on public access to voir dire merits failure; noted disruption but no actual denial of access; Presley not retroactive to collateral review per court analysis)
- Presley v. Georgia, 130 S. Ct. 721 (2010) (public-trial right extends to voir dire; not absolute and may be limited by other interests; retroactivity is not automatic)
- Tyler v. Cain, 533 U.S. 656 (U.S. 2001) (retroactivity of new constitutional rules on collateral review requires explicit retroactivity ruling)
- Commonwealth v. Abdul-Salaam, 571 Pa. 219, 812 A.2d 497 (Pa. 2002) (scope of PCRA rules and res judicata considerations in post-conviction relief)
- Commonwealth v. Berry, 877 A.2d 479 (Pa. Super. 2005) (PCRA standard of review and deference to trial court findings)
- Commonwealth v. Carr, 768 A.2d 1164 (Pa. Super. 2001) (PCRA petition procedural requirements and standard of review)
- Commonwealth v. Fowler, 930 A.2d 586 (Pa. Super. 2007) (issues not cognizable under PCRA when relitigating previously decided claims)