Commonwealth v. Widgins
29 A.3d 816
| Pa. Super. Ct. | 2011Background
- Widgins was convicted April 4, 2007, after a non-jury trial, of possessing a controlled substance with intent to deliver.
- He was sentenced September 19, 2007 to 5 to 10 years of incarceration.
- Widgins filed a timely PCRA petition on November 19, 2007; amended petition filed May 12, 2009.
- A video evidentiary hearing occurred August 12, 2009, after which the court dismissed the petition to reinstate appellate rights nunc pro tunc.
- Widgins appealed to the Superior Court on September 11, 2009; counsel later filed an Application to Withdraw and an Anders brief.
- The court conducted independent review under Turner/Finley standards (as clarified by Pitts) and denied relief, granting counsel’s withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel's withdrawal complied with Turner/Finley and Pitts. | Widgins contends counsel failed to properly notify or review issues. | Commonwealth asserts substantial compliance with Turner/Finley as refined by Pitts. | Counsel properly withdrawn after substantial compliance. |
| Whether Widgins is entitled to PCRA relief for ineffective assistance claiming no direct appeal was filed. | Widgins claims trial counsel failed to file a direct appeal as requested. | Commonwealth argues no credible evidence of a request to appeal; credibility favoring counsel. | No merit; credibility determinations support denial. |
Key Cases Cited
- Commonwealth v. Pitts, 981 A.2d 875 (Pa. 2009) (overruled Friend's additional notice requirement to contemporaneous withdrawal)
- Commonwealth v. Friend, 896 A.2d 607 (Pa. Super. 2006) (required contemporaneous notice and copies when counsel seeks withdrawal)
- Commonwealth v. Turner, 518 Pa. 491 (1988) (Turner/Finley framework for evaluating counsel's no-merit letters)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (Turner/Finley criteria for no-merit review)
- Commonwealth v. Daniels, 947 A.2d 795 (Pa. Super. 2008) (counsel withdrawal notice requirements clarified)
- Commonwealth v. Karanicolas, 836 A.2d 940 (Pa. Super. 2003) (substantial compliance standard for withdrawal)
- Commonwealth v. Johnson, 966 A.2d 523 (Pa. 2009) (credibility determinations binding when supported by record)
- Pitts, 981 A.2d 875 (Pa. 2009) (refines withdrawal and review standards under Turner/Finley)