Commonwealth v. Stewart
84 A.3d 701
| Pa. Super. Ct. | 2013Background
- Petitioner Edward E. Stewart sought post-conviction relief under the PCRA; the PCRA court granted a new trial; the Commonwealth appeals and this Court affirms.
- Alibi witness Rasheda Grazier was available and located but not substantively interviewed or called at Stewart’s trial.
- The murder of Kevin Bing occurred at a Philadelphia speakeasy; Hooper testified and implicated Stewart; alibi evidence suggested Stewart was with Grazier at the time.
- Trial counsel did not interview Grazier before the first trial and had limited contact with Stewart; the Commonwealth impeached Grazier at hearing.
- PCRA court credited Grazier and found trial counsel’s failure to investigate constituted ineffective assistance and showed prejudice to Stewart.
- This Court applies a deferential standard to PCRA factual findings and reviews de novo the legal conclusions, affirming the grant of a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel ineffective for failing to investigate an alibi witness? | Stewart | Stewart | Yes; failure to investigate was unreasonable and prejudicial. |
| Did the alibi witness’ potential testimony create a reasonable probability of a different outcome? | Stewart | Stewart | Yes; prejudice shown; new trial warranted. |
Key Cases Cited
- Commonwealth v. Chmiel, 30 A.3d 1111 (Pa. 2011) (ineffective assistance standard; need for arguable merit, reasonable basis, and prejudice)
- Commonwealth v. Jones, 876 A.2d 380 (Pa. 2005) (credibility and interview of witnesses; suitability for Strickland analysis)
- Commonwealth v. Mabie, 359 A.2d 369 (Pa. 1976) (interviewing witnesses; value of investigation for defense strategy)
- Commonwealth v. Perry, 644 A.2d 705 (Pa. 1994) (failure to prepare; minimum performance requirement for defense counsel)
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (credibility determinations; collateral prejudice assessment)