Com. v. Cottle, C.

CourtSuperior Court of Pennsylvania
DecidedMarch 22, 2019
Docket1425 EDA 2018
StatusUnpublished

This text of Com. v. Cottle, C. (Com. v. Cottle, C.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Cottle, C., (Pa. Ct. App. 2019).

Opinion

J-S10032-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : CHRISTOPHER COTTLE : : Appellant : No. 1425 EDA 2018

Appeal from the PCRA Order April 26, 2018 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0000962-2008

BEFORE: GANTMAN, P.J.E., STABILE, J., and COLINS*, J.

MEMORANDUM BY GANTMAN, P.J.E.: FILED MARCH 22, 2019

Appellant, Christopher Cottle, appeals from the order entered in the

Philadelphia County Court of Common Pleas, which denied his first petition

brought pursuant to the Post Conviction Relief Act (“PCRA”), at 42 Pa.C.S.A.

§§ 9541-9546. We affirm.

In its opinion, the PCRA court fully and correctly sets forth the relevant

facts and procedural history of this case. Therefore, we have no need to

restate them. Procedurally, we add initial PCRA counsel filed a motion to

withdraw as counsel on April 26, 2018, when the court stated on record it

denied Appellant PCRA relief. That same day, the PCRA court permitted

counsel to withdraw and appointed new PCRA counsel. Appellant filed a

timely notice of appeal on May 16, 2018. The PCRA court ordered Appellant

on May 21, 2018, to file a concise statement of errors complained of on

____________________________________ * Retired Senior Judge assigned to the Superior Court. J-S10032-19

appeal per Pa.R.A.P. 1925(b); Appellant complied on July 5, 2018, following

an extension.

Appellant raises two issues for our review:

WHETHER THE [PCRA] COURT ERRED IN DISMISSING APPELLANT’S PETITION UNDER THE [PCRA] WITHOUT AN EVIDENTIARY HEARING[?]

WHETHER THE [PCRA] COURT ERRED IN DISMISSING APPELLANT’S AMENDED PETITION UNDER THE [PCRA][?]

(Appellant’s Brief at 4).

Our standard of review of the denial of a PCRA petition is limited to

examining whether the evidence of record supports the court’s

determination and whether its decision is free of legal error.

Commonwealth v. Conway, 14 A.3d 101, 109 (Pa.Super. 2011), appeal

denied, 612 Pa. 687, 29 A.3d 795 (2011). This Court grants great deference

to the findings of the PCRA court if the record contains any support for those

findings. Commonwealth v. Boyd, 923 A.2d 513, 515 (Pa.Super. 2007),

appeal denied, 593 Pa. 754, 932 A.2d 74 (2007). We give no such

deference, however, to the court’s legal conclusions. Commonwealth v.

Ford, 44 A.3d 1190, 1194 (Pa.Super. 2012). Further, a petitioner is not

entitled to a PCRA hearing as a matter of right; the PCRA court can decline

to hold a hearing if there is no genuine issue concerning any material fact,

the petitioner is not entitled to PCRA relief, and no purpose would be served

by any further proceedings. Commonwealth v. Wah, 42 A.3d 335, 338

(Pa.Super. 2012); Pa.R.Crim.P. 907.

-2- J-S10032-19

The law presumes counsel has rendered effective assistance.

Commonwealth v. Williams, 597 Pa. 109, 950 A.2d 294 (2008). Under

the traditional analysis, to prevail on a claim of ineffective assistance of

counsel, a petitioner bears the burden to prove his claims by a

preponderance of the evidence. Commonwealth v. Turetsky, 925 A.2d

876 (Pa.Super. 2007), appeal denied, 596 Pa. 707, 940 A.2d 365 (2007).

The petitioner must demonstrate: (1) the underlying claim is of arguable

merit; (2) counsel had no reasonable strategic basis for the asserted action

or inaction; and (3) but for the errors and omissions of counsel, there is a

reasonable probability that the outcome of the proceedings would have been

different. Id. See also Commonwealth v. Kimball, 555 Pa. 299, 724

A.2d 326 (1999). “A reasonable probability is a probability that is sufficient

to undermine confidence in the outcome of the proceeding.”

Commonwealth v. Spotz, 624 Pa. 4, 34, 84 A.3d 294, 312 (2014)

(quoting Commonwealth v. Ali, 608 Pa. 71, 86-87, 10 A.3d 282, 291

(2010)). “Where it is clear that a petitioner has failed to meet any of the

three, distinct prongs of the…test, the claim may be disposed of on that

basis alone, without a determination of whether the other two prongs have

been met.” Commonwealth v. Steele, 599 Pa. 341, 360, 961 A.2d 786,

797 (2008).

“The threshold inquiry in ineffectiveness claims is whether the

issue/argument/tactic which counsel has foregone and which forms the basis

-3- J-S10032-19

for the assertion of ineffectiveness is of arguable merit….” Commonwealth

v. Pierce, 537 Pa. 514, 524, 645 A.2d 189, 194 (1994). “Counsel cannot

be found ineffective for failing to pursue a baseless or meritless claim.”

Commonwealth v. Poplawski, 852 A.2d 323, 327 (Pa.Super. 2004).

Once this threshold is met we apply the ‘reasonable basis’ test to determine whether counsel’s chosen course was designed to effectuate his client’s interests. If we conclude that the particular course chosen by counsel had some reasonable basis, our inquiry ceases and counsel’s assistance is deemed effective.

Pierce, supra at 524, 645 A.2d at 194-95 (internal citations omitted).

Prejudice is established when [a defendant] demonstrates that counsel’s chosen course of action had an adverse effect on the outcome of the proceedings. The defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. In [Kimball, supra], we held that a “criminal defendant alleging prejudice must show that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.”

Commonwealth v. Chambers, 570 Pa. 3, 21-22, 807 A.2d 872, 883

(2002) (some internal citations and quotation marks omitted).

After a thorough review of the record, the briefs of the parties, the

applicable law, and the well-reasoned opinion of the Honorable Glenn B.

Bronson, we conclude Appellant’s issues merit no relief. The PCRA court

opinion comprehensively discusses and properly disposes of the questions

presented. (See PCRA Court Opinion, filed August 6, 2018, at 6-9) (finding:

trial counsel objected when Commonwealth attempted to introduce

-4- J-S10032-19

Brandon’s police statement before Commonwealth asked Brandon about

incident, and court sustained objection; later, when Brandon testified he

knew nothing about incident and did not recall making statement to police,

Commonwealth introduced Brandon’s statement to police as prior

inconsistent statement; Commonwealth offered testimony from police

officers to prove Brandon had made statement, reviewed statement, made

no corrections to statement, and acknowledged statement accurately

memorialized what he had told police; Rules of Evidence did not require

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Related

Strickland v. Washington
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Commonwealth v. Carmody
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Commonwealth v. Copenhefer
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Commonwealth v. Kimball
724 A.2d 326 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Steele
961 A.2d 786 (Supreme Court of Pennsylvania, 2008)
Commonwealth v. Turetsky
925 A.2d 876 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Pierce
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Commonwealth v. Legg
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Commonwealth v. Sneed
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Commonwealth v. Poplawski
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Commonwealth v. Miller
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Commonwealth v. Ford
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Commonwealth v. Yager
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Commonwealth v. Jones
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Commonwealth v. Boyd
923 A.2d 513 (Superior Court of Pennsylvania, 2007)
Commonwealth v. Chambers
807 A.2d 872 (Supreme Court of Pennsylvania, 2002)
Commonwealth v. Williams
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Peterson v. Moulton
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Commonwealth v. Conway
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