62 A.3d 389
Pa. Super. Ct.2012Background
- Appellant Tarik Rachak was arrested Jan. 4, 2011 for simple possession of cocaine and paraphernalia.
- At arraignment (Apr. 29, 2011), the court advised him of the right to counsel and importance of obtaining counsel.
- He appeared pro se for pretrial conferences on June 22 and July 20, 2011, and sought to plead guilty.
- A written guilty plea colloquy and on-the-record colloquy occurred, with the court confirming voluntariness and waiver of counsel.
- On Nov. 17, 2011, through counsel, Rachak filed a PCRA petition alleging the plea was not knowingly entered; a hearing followed, and the PCRA court denied relief on Apr. 5, 2012.
- Rachak appeals the PCRA denial; the Superior Court affirms, citing lack of eligibility under PCRA and waiver principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea was unlawfully induced under PCRA §9543(a)(iii). | Rachak argues plea not knowingly entered due to immigration consequences. | Commonwealth contends plea was voluntary based on colloquy and no proof of innocence. | Not met; plea voluntary and not unlawfully induced. |
| Whether petitioner established PCRA requirements two or three. | Rachak contends immigration status voided voluntariness and timely relief. | Commonwealth argues lack of knowledge of immigration status does not undermine plea under PCRA; waiver applies. | Two and three not satisfied; relief denied. |
| Whether the plea issue was waived for failure to raise earlier. | Waiver argued due to failure to file post-trial motions/direct appeal. | Waiver supported by Pa. law; issue could have been raised earlier. | Waived; no relief under PCRA. |
Key Cases Cited
- Commonwealth v. Boyd, 923 A.2d 513 (Pa. Super. 2007) (great deference to PCRA findings; free from legal error)
- Commonwealth v. Wilson, 824 A.2d 331 (Pa. Super. 2003) (PCRA findings reviewed for support in record)
- Commonwealth v. Blackwell, 647 A.2d 915 (Pa. Super. 1994) (manifest injustice standard for withdrawn plea after sentencing)
- Commonwealth v. Holbrook, 629 A.2d 154 (Pa. Super. 1993) (six-area inquiry for voluntary guilty plea)
- Commonwealth v. Fluharty, 632 A.2d 314 (Pa. Super. 1993) (guilty plea colloquy requirements)
- Padilla v. Kentucky, 559 U.S. 356 (2010) (duty of counsel on immigration consequences; not a court’s responsibility to ascertain citizenship status)