Commonwealth v. Butler

432 A.2d 590, 495 Pa. 82, 1981 Pa. LEXIS 1174
CourtSupreme Court of Pennsylvania
DecidedJuly 16, 1981
Docket80-1-159
StatusPublished
Cited by12 cases

This text of 432 A.2d 590 (Commonwealth v. Butler) 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. Butler, 432 A.2d 590, 495 Pa. 82, 1981 Pa. LEXIS 1174 (Pa. 1981).

Opinions

OPINION OF THE COURT

O’BRIEN, Chief Justice.

Appellant, George Butler, was found guilty of murder of the first degree on October 11, 1974, for the beating death of Captain Walter Peterson, a corrections officer at the State Correctional Institution at Pittsburgh. Post-verdict motions, filed nunc pro tunc, were denied, and appellant was sentenced to life imprisonment on September 30, 1975. No direct appeal was taken.

On June 30, 1977, appellant, by new counsel, filed a petition under the Post-Conviction Hearing Act1 [PCHA] alleging the ineffectiveness of trial counsel. Following a hearing, the Court denied relief and an appeal was taken to this court. A Superior Court Special Transfer Panel heard the appeal and, in a Per Curiam Opinion, affirmed the denial of relief. Commonwealth v. Butler, 273 Pa.Super. 637, 422 A.2d 1171 (1979).

In July, 1978, appellant filed a second PCHA petition again claiming ineffective assistance of trial counsel. This petition was denied without a hearing. A third petition, filed in April, 1980, by new (and present) counsel, alleged the ineffectiveness of both trial and post-conviction counsel. The petition was denied and this appeal followed.

George Butler now asserts on appeal that his third PCHA petition was improperly denied without a hearing. Implicit in such a claim is the contention that his petition states grounds which, if proven at a hearing, would entitle him to relief. Certain of appellant’s claims of ineffectiveness are directed toward trial counsel’s representation. However, the claims are identical to issues raised in appellant’s first PCHA petition. As previously noted, an evidentiary hearing was held to consider those issues, and the hearing court’s denial of relief was affirmed on appeal. [86]*86Commonwealth v. Butler, supra. When a defendant charges counsel with ineffectiveness and relief is denied after an evidentiary hearing, the claim is finally litigated and cannot be raised in a new PCHA petition. Commonwealth v. Yarnal, 462 Pa. 199, 340 A.2d 431 (1975). Thus, the denial of the present petition without a hearing, as it pertains to the allegations of ineffective assistance of trial counsel, was proper.2

Appellant also alleges the ineffective assistance of his first post-conviction counsel. Our review is governed by Com. ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). Inquiry ceases and counsel is deemed to have been effective once the court is able to conclude that counsel’s actions had a reasonable basis designed to effectuate his client’s interest. If the allegation of ineffective assistance is not of arguable merit, however, a determination of whether or not a reasonable basis exists for counsel’s actions is unnecessary, Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977), for counsel cannot be found ineffective for failing to assert a baseless claim. Commonwealth v. Hosack, 485 Pa. 128, 401 A.2d 327 (1979).

The PCHA provides for an evidentiary hearing if it cannot be determined from the record whether counsel’s actions had a reasonable basis. However, the right to a hearing is not absolute. Commonwealth v. Sherard, 483 Pa. 183, 394 A.2d 971 (1978). Relief may be denied without a hearing if the record reveals that counsel’s actions were reasonable. See, Commonwealth v. Turner, 469 Pa. 319, 365 A.2d 847 (1977).

Appellant argues that his first post-conviction counsel refused to subpoena certain witnesses to appear at the evidentiary hearing. However, present counsel has not found it necessary to expand further on this allegation of [87]*87error. We assume, from the statement of the issue in appellant’s PCHA petition, that appellant desired the witnesses to appear because he believed they could have proven that two Commonwealth trial witnesses had committed perjury. At the evidentiary hearing, first post-conviction counsel advised the court that the witness would not aid in resolving the issues set forth in the petition. The court agreed with counsel but permitted appellant to state on the record his reasons for wanting to call the witnesses. Appellant claimed the witnesses could establish what pre-trial proceedings appellant had been afforded and could testify to the contents of the crime laboratory report. The hearing judge found that these matters were part of the record and denied appellant’s request.3 Appellant does not further detail the substance of the proposed witnesses’ testimony or its relevancy. As the substance of the witnesses’ testimony, as described by appellant, could be established by a reading of the record, the refusal to present the testimony of witnesses who add nothing to the case was not ineffective assistance. See Commonwealth v. Twiggs, 479 Pa. 162, 387 A.2d 1273 (1978).

Appellant next claims that post-conviction counsel did not question trial counsel’s failure to take a direct appeal. This claim is directly refuted by the record. At the evidentiary hearing trial counsel testified that appellant had been adequately informed of his rights of appeal. He further asserted that appellant had advised him that he no longer desired his services or those of the Office of the Public Defender, and that he would obtain private counsel. Post-conviction counsel, on appeal to the Superior Court Special Transfer Panel, argued that trial counsel was ineffective for complying with appellant’s wishes because the statement was made when appellant was distressed. As noted, supra, the Special Transfer Panel affirmed the order of the Court of Common Pleas, thereby finding this argu[88]*88ment to be without merit. Clearly, post-conviction counsel activity pursued trial counsel’s failure to file a direct appeal. Appellant’s attempt to resurrect the issue must be the result of careless research and preparation or a complete disregard of the PCHA’s proscription of claims that are finally litigated. In either case, this allegation is totally without merit. Within the purview of this claimed error, appellant states that he was confined at Farview State Hospital prior and subsequent to sentencing. However, he does not suggest that his confinement affected his ability to understand the sentencing proceeding nor does he suggest evidence is available to support this claim. The mere fact that appellant was placed in a mental hospital after conviction is insufficient to support a finding of incompetence, Commonwealth ex rel. Hilberry v. Maroney, 424 Pa. 493, 227 A.2d 159 (1967), and insufficient to form the basis for relief.

Appellant also asserts that post-conviction counsel failed to charge trial counsel with perjuring himself at the evidentiary hearing.

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Commonwealth v. Butler
432 A.2d 590 (Supreme Court of Pennsylvania, 1981)

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Bluebook (online)
432 A.2d 590, 495 Pa. 82, 1981 Pa. LEXIS 1174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-butler-pa-1981.