Commonwealth v. Bryant

67 A.3d 716, 620 Pa. 218, 2013 WL 2303523, 2013 Pa. LEXIS 1038
CourtSupreme Court of Pennsylvania
DecidedMay 28, 2013
StatusPublished
Cited by147 cases

This text of 67 A.3d 716 (Commonwealth v. Bryant) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Bryant, 67 A.3d 716, 620 Pa. 218, 2013 WL 2303523, 2013 Pa. LEXIS 1038 (Pa. 2013).

Opinions

OPINION

Justice McCAFFERY.

This is a direct appeal from the judgment of sentence of death on two counts of first-degree murder. We affirm.

On April 21, 2010, Laquaille Bryant (“Appellant”) pled guilty to two counts of first-degree murder in the January 19, 2008 shooting deaths of Chante Wright1 and Octavia Green, as well as to one count each of intimidation of a witness, possession of a firearm, and possession of an instrument of crime.2 The Commonwealth’s theory of the case was that Appellant killed Ms. Wright at the behest of one Hakeem Bey to prevent her from testifying at Bey’s trial for the murder of one Moses Williams. Following a penalty-phase hearing, the jury found three aggravating circumstances with respect to the murder of Ms. Wright, to wit, convicted of another murder, 42 Pa.C.S. § 9711(d)(ll); killing in retaliation against a witness, 42 Pa.C.S. § 9711(d)(15); and paid by another person for the killing of the victim, 42 Pa.C.S. § 9711(d)(2). The jury found only the first aggravating circumstance, ie. convicted of another murder, with respect to the murder of Ms. Green. In both cases, the jury found a single mitigating circumstance, the “catchall” provision set forth in 42 Pa.C.S. § 9711(e)(8).3 The jury returned with a verdict of death for each murder, and the trial court formally imposed sentence on May 5, 2010, immediately after the verdict.

Appellant now appeals to this Court, pursuant to 42 Pa.C.S. § 9711(h)(1),4 seeking a new penalty-phase hearing based on the following three issues, which we reproduce verbatim:

I. Should the defendant be awarded a new penalty phase hearing as a result of the Suppression Court’s ruling which denied a Motion to Suppress the defendant’s statement, and where the statement was used against the defendant at the penalty phase which considered [721]*721whether the defendant had committed a contract murder or murder for hire?
II. Is the defendant entitled to a new penalty phase hearing as the result of Court error where the Court permitted extremely inflammatory and prejudicial photographs of the victim, living at that time, to be introduced into the penalty phase hearing?
III. Is the defendant entitled to a new penalty phase hearing as the result of prosecutorial misconduct during that hearing where the Prosecutor pandered to the jury; inappropriately commented on the defendant’s lack of remorse; misstated the evidence; and engaged in rhetoric concerning another and unrelated case?

Appellant’s Brief at 3 (“Questions Presented”).

SUFFICIENCY OF THE EVIDENCE

This Court has a self-imposed duty in all capital eases to conduct an independent review of the sufficiency of the evidence to sustain a conviction for first-degree murder, a duty that is not abrogated when a defendant has pled guilty to first-degree murder. See, e.g., Commonwealth v. Fears, 575 Pa. 281, 836 A.2d 52, 59 (2003) (conducting a sufficiency review on direct appeal in a capital case by considering the evidence that was presented at the appellant’s suppression hearing and summarized by the Commonwealth at his guilty plea colloquy); Commonwealth v. Singley, 582 Pa. 5, 868 A.2d 403, 407-09 (2005) (in a double murder case where the appellant pled guilty to flrstdegree murder in the death of the first victim and to murder generally in the death of the second victim, conducting a sufficiency review by considering the evidence that was presented at the appellant’s guilty plea, degree of guilt hearing, and penalty phase hearing); Commonwealth v. Ockenhouse, 562 Pa. 481, 756 A.2d 1130, 1133-35 (2000) (in a case where the appellant entered a guilty plea to first-degree murder on the first day of trial, conducting a sufficiency review by considering the appellant’s confession, presented at trial); Commonwealth v. Michael, 544 Pa. 105, 674 A.2d 1044, 1045-47 (1996) (in a case where the appellant pled guilty to first-degree murder during the voir dire phase of trial, conducting a sufficiency review by considering testimony presented at the appellant’s preliminary hearing as well as the appellant’s testimony at his guilty plea hearing).

To sustain Appellant’s plea to first-degree murder, we must conclude that the Commonwealth’s evidence, and all reasonable inferences derived therefrom, viewed in the light most favorable to the Commonwealth as verdict winner, proved beyond a reasonable doubt the three elements of first-degree murder, which are as follows: (1) a human being was unlawfully killed; (2) the defendant was responsible for the killing; and (3) the defendant acted with malice and a specific intent to kill. 18 Pa.C.S. § 2502(a); Commonwealth v. Houser, 610 Pa. 264, 18 A.3d 1128, 1133 (2011). First-degree murder is an intentional killing, ie., a “willful, deliberate and premeditated killing.” 18 Pa.C.S. § 2502(a) and (d); Fears, supra at 59. Specific intent to kill as well as malice can be inferred from the use of a deadly weapon upon a -vital part of the victim’s body. Houser, supra at 1133-34; Commonwealth v. Briggs, 608 Pa. 430, 12 A.3d 291, 306-07 (2011); Commonwealth v. Wright, 599 Pa. 270, 961 A.2d 119, 130-31 (2008). Recently, in Briggs, supra at 307, we concluded that the appellant’s specific intent to kill was established by his deliberate and repeated shots to the chest and/or abdomen of the victims.

[722]*722Here, after the jury had been selected for trial, Appellant indicated his intention to plead guilty to two counts of'first-degree murder and other charges. Notes of Testimony (“N.T.”), 4/21/10, at 6. After an extensive colloquy, conducted by the defense and the court, see id. at 6-17, the Commonwealth summarized before the court the evidence that would be presented were the matter to proceed to trial, as follows. Id. at 17-80.

Shortly after 2:00 a.m. on January 19, 2008, in South Philadelphia, police discovered the bodies of Chante Wright and Octavia Green, respectively on the sidewalk and in the passenger seat of a nearby vehicle. Both women had been shot multiple times from the back seat of the vehicle, and their deaths resulted from the gunshot wounds. Id. at 17-19. Appellant’s fingerprint was found on the rear passenger side of the vehicle, just above the door handle. Id. at 22.

Ms. Wright was a witness for the Commonwealth against an individual named Hakeem Bey, whose homicide trial was scheduled for March 2008. On the night of January 18, 2008, only hours before she was murdered, Ms. Wright had returned to Philadelphia from Florida, where she had been relocated as part of the federal witness relocation program. Id. at 19-20.

Cell phone records established that in January 2008, there were a series of calls among phones belonging to Appellant; both victims; and one Malik Bennett, who, at the time, was in a federal halfway house in Philadelphia. Id. at 20-23.

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Cite This Page — Counsel Stack

Bluebook (online)
67 A.3d 716, 620 Pa. 218, 2013 WL 2303523, 2013 Pa. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bryant-pa-2013.