Commonwealth v. Priest
18 A.3d 1235
| Pa. Super. Ct. | 2011Background
- Priest was convicted by jury of first-degree murder and firearms not to be carried without a license in Beaver County, Pennsylvania.
- Appellant challenges the verdict as against the weight of the evidence, the sufficiency of the evidence, and the trial court’s evidentiary rulings.
- Eyewitness Chalese Jackson, mother of Priest's child, did not identify Priest in court, but police heard she had identified him as shooter during a separate interview.
- Medical personnel at UPMC Presbyterian testified that Mr. Odom stated, prior to intubation, that "Markez shot me" and identified Priest, and a trauma unit videotape captured similar statements.
- The trial court admitted the dying-declaration statements under the dying declaration exception and later admitted portions of the videotape implicating Priest.
- The Superior Court affirmed, holding the weight claim waived, the sufficiency of the evidence supported the conviction, and the evidentiary rulings were within the trial court’s discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence waiver | Priest argues weight of evidence disproves guilt. | Priest contends weight challenge preserved for review. | Waived; not raised before sentencing or in post-sentence motion. |
| Sufficiency to prove Priest as shooter | Jackson identified Priest as shooter; medical witnesses echoed a dying declaration. | Lack of in-court identification and alibi undermine sufficiency. | Sufficient evidence supported identity and guilt. |
| Admission of Odom's statements and videotape | Out-of-court statements were admissible as dying declarations; videotape properly admitted despite prejudice. | Statements were hearsay and not qualifying dying declarations; videotape prejudicial. | Trial court did not abuse discretion; dying declarations admitted; videotape admissible for probative value. |
Key Cases Cited
- Commonwealth v. Bond, 604 Pa. 1, 985 A.2d 810 (2009) (weighs waiver of weight claims when not raised before sentencing)
- Commonwealth v. Cain, 906 A.2d 1242 (Pa.Super.2006) (sufficiency standard; review in light most favorable to the Commonwealth)
- Commonwealth v. Bullock, 948 A.2d 818 (Pa.Super.2008) (jury may believe some or all of a witness's testimony; alibi credibility)
- Commonwealth v. Chamberlain, 731 A.2d 593 (Pa.1999) (dying declaration exception to hearsay)
- Commonwealth v. Griffin, 684 A.2d 589 (Pa.Super.1996) (dying declaration admissibility when impending death; appellate discussion)
- Commonwealth v. Weakley, 972 A.2d 1182 (Pa.Super.2009) (probative value vs. prejudicial impact balancing)