Commonwealth v. Walker
26 A.3d 525
Pa. Super. Ct.2011Background
- Walker pled guilty to aggravated harassment by a prisoner in 2007; sentencing deferred.
- He then pled guilty to two counts of aggravated assault and one count of aggravated harassment by a prisoner in three additional cases; all four cases were consolidated.
- Attorney Tinari moved to convert the plea to guilty but mentally ill; court accepted the change after explaining consequences.
- In September 2007 Walker moved to withdraw his guilty but mentally ill plea as to the two aggravated assault counts; a hearing was held.
- Walker alleged the Commonwealth possessed a videotape exonerating him; the Commonwealth and court questioned the existence and relevance of any video.
- The trial court denied withdrawal; Walker was sentenced to 42–84 months in prison with a concurrent 10-year probation term; on appeal, issue is presentence withdrawal standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying the presentence motion to withdraw the guilty but mentally ill plea | Walker argues withdrawal warranted for fair/just reason and innocence concerns | Commonwealth argues no fair/just reason; substantial prejudice from delay and prior waivers | No abuse; denial affirmed |
Key Cases Cited
- Commonwealth v. Forbes, 450 Pa. 185 (Pa. 1973) (withdrawal before sentencing allowed for fair and just reasons)
- Commonwealth v. Iseley, 419 Pa. Super. 364 (Pa. Superior 1992) (second or subsequent guilty plea withdrawal not allowed on dubious innocence grounds)
- Commonwealth v. Battle, 879 A.2d 266 (Pa. Super. 2005) (pro se filings referred to counsel; Battle procedure discussed)
- Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002) (defendant should wait to raise ineffective assistance claims on collateral review)
- Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003) (limited exception to Grant for evidentiary hearing on ineffectiveness)
- Commonwealth v. Jette, 23 A.3d 1032 (Pa. 2011) (pro se handling of appeals; remand procedure discontinued)
- Commonwealth v. Anthony, 475 A.2d 1303 (Pa. 1984) (noting prejudice when long delay occurs in withdrawal scenarios)
- Commonwealth v. Prysock, 972 A.2d 539 (Pa. Super. 2009) (abuse of discretion standard in withdrawal of pleas)
- Commonwealth v. Broaden, 980 A.2d 124 (Pa. Super. 2009) (contextual standard for withdrawal of plea)