Chacker v. Petsock

713 F. Supp. 775, 1989 U.S. Dist. LEXIS 4047, 1989 WL 49249
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 14, 1989
DocketCiv. A. No. 87-3174
StatusPublished
Cited by2 cases

This text of 713 F. Supp. 775 (Chacker v. Petsock) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chacker v. Petsock, 713 F. Supp. 775, 1989 U.S. Dist. LEXIS 4047, 1989 WL 49249 (E.D. Pa. 1989).

Opinion

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

In this pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, petitioner Dean Chacker, who is currently incarcerated at the State Correctional Institution at Pittsburgh, Pennsylvania, alleges the following claims: (1) his guilty plea was not knowingly and voluntarily entered due to the state court’s failure to fully explain to him: (a) the elements of the crimes to which he was pleading guilty, (b) the Commonwealth’s burden of proof, (c) petitioner’s right to a trial by jury, and (d) the “presumption of innocence;” (2) his counsel advised him to enter a plea of guilty and indicated that petitioner would likely be sentenced to a maximum of 10-20 years imprisonment were he to so plead; (3) he was denied due process because the trial court failed to consider his mental condition at the time of sentencing or provide him with an opportunity to produce witnesses; (4) his sentence was deferred pending completion of a psychiatric evaluation at a state mental hospital; (5) the sentence imposed was excessive; (6) his plea counsel was ineffective for: (a) failing to object, at the plea hearing and on appeal, to the allegedly deficient plea colloquy engaged in by the plea judge, and (b) for both failing to advise petitioner of his right to challenge the validity of his guilty plea and failing to preserve that issue on appeal; and (7) his appellate counsel was ineffective for: (a) failing to raise the alleged ineffectiveness of plea counsel, and (b) because a conflict of interest existed between him and petitioner’s plea counsel.

I. Procedural History

On October 15, 1973, in Upper Moreland Township, a seven year old girl was taken from her bedroom and raped. One month later, on November 19,1973, petitioner was arrested after Upper Moreland police observed him prowling at a private residence. Subsequent to the arrest, petitioner confessed to both a series of prowling incidents and burglaries that had previously occurred as well as to raping the seven year old victim.

On April 4, 1974, petitioner entered a negotiated plea of guilty before the Honorable Joseph H. Stanziani of the Court of Common Pleas of Montgomery County on one count of rape, four counts of burglary, four counts of theft of movable property, and four counts of loitering and prowling at nighttime. After accepting petitioner’s plea, Judge Stanziani deferred imposition of sentence and ordered petitioner to Nor-ristown State Hospital for psychiatric evaluation. On March 24, 1975, following completion of petitioner’s psychiatric evaluation by the staff at Norristown State Hospital, the late President Judge A. Benjamin Scirica found petitioner to be mentally ill and, pursuant to Section 410 of the Mental Health and Mental Retardation Act, committed him to Fairview State Hospital to await sentencing.

On April 17, 1975, Judge Stanziani committed petitioner, in lieu of sentence, to [777]*777Fairview State Hospital for a period of 56 to 112 years. The sentence was revised on April 30,1975 to a period of 55 and ½ years to 111 years. On February 25, 1977, following a hearing at which both petitioner’s medical reports and two pre-sentence investigation reports were considered, Judge Stanziani concluded that petitioner had received the maximum benefit from his treatment at Fairview. Accordingly, petitioner was committed to serve the remainder of his term of imprisonment, with credit for the time spent at Fairview, at the State Correctional Institution at Graterford, Pennsylvania.

On March 16, 1977, petitioner appealed his sentence to the Pennsylvania Superior Court which, on December 21, 1979, 273 Pa.Super. 329, 417 A.2d 674, affirmed the judgment of sentence. The sentence was, however, vacated as to the four counts of theft which merged into burglary. Thus, at that time, petitioner’s sentence stood at 52 to 104 years. Petitioner then sought and obtained permission to appeal to the Supreme Court of Pennsylvania. After argument, however, the appeal was dismissed on June 24,1982, 498 Pa. 367, 446 A.2d 603 as having been improvidently granted. Following the Supreme Court’s dismissal, petitioner, on August 15, 1982, filed a petition pursuant to Pennsylvania’s Post Conviction Hearing Act ("PCHA”), alleging that he was denied effective assistance of counsel because plea counsel failed to (1) advise him of his right to withdraw his plea, (2) failed to file the proper motions to withdraw the plea, and (3) failed to object to the imposition of multiple sentences. Petitioner further alleged that appellate counsel was ineffective for not raising the ineffectiveness of plea counsel. On October 15, 1982, Judge Stanziani dismissed petitioner’s PCHA petition without a hearing.

On June 15, 1984, the Superior Court reversed Judge Stanziani’s order of October 15, 1982, and remanded the matter for an evidentiary hearing with respect to the alleged ineffectiveness of both plea and appellate counsel. An evidentiary hearing was held on January 7, 1985. On May 15, 1985, the Montgomery County Court of Common Pleas denied petitioner’s PCHA petition. Petitioner appealed to the Pennsylvania Superior Court which, on April 21, 1986, 356 Pa.Super. 601, 512 A.2d 723, affirmed the lower court’s conclusion that neither petitioner’s plea counsel nor appellate counsel was ineffective. Petitioner appealed to the Supreme Court of Pennsylvania which denied the petition for allowance of appeal on March 16, 1987, 514 Pa. 322, 523 A.2d 1103.

On May 28, 1987, petitioner filed a petition for writ of habeas corpus which, pursuant to 28 U.S.C. § 636 and Local Rule of Civil Procedure 7(I)(e), was referred to the United States Magistrate. On July 19, 1988, petitioner was granted leave to file a Traverse to the Response to his petition for writ of habeas corpus. The Traverse was filed on September 9, 1988. On February 23, 1989, the Magistrate issued a Report and Recommendation in which he recommended that the petition for writ of habeas corpus be denied. Petitioner was notified of his right to file written objections with the Clerk of Court. Nevertheless, on March 6, 1989, petitioner filed a “Motion for Reconsideration.” On March 27, 1989, this Court denied petitioner’s motion but granted him an additional ten days to file written objections. On April 5, 1989, petitioner filed written objections to the Magistrate’s Report and Recommendation.

II. Procedural Deficiencies

Local Rule of Civil Procedure 7(IV)(b) mandates the respective responsibilities of both petitioner and this Court pursuant to 28 U.S.C. § 636(b)(1)(B):

Any party may object to a magistrate’s proposed findings, recommendations or report ... within ten days after being served with a copy thereof. Such party shall file with the clerk of court, and sérve on the magistrate and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections ... A judge shall make a de novo determination of those portions of the report or specified [778]*778proposed, findings or recommendations to which objection is made

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Cite This Page — Counsel Stack

Bluebook (online)
713 F. Supp. 775, 1989 U.S. Dist. LEXIS 4047, 1989 WL 49249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chacker-v-petsock-paed-1989.