Commonwealth v. Gorby

909 A.2d 775, 589 Pa. 364, 2006 Pa. LEXIS 2572
CourtSupreme Court of Pennsylvania
DecidedJune 20, 2006
Docket385 CAP
StatusPublished
Cited by41 cases

This text of 909 A.2d 775 (Commonwealth v. Gorby) 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. Gorby, 909 A.2d 775, 589 Pa. 364, 2006 Pa. LEXIS 2572 (Pa. 2006).

Opinions

OPINION

Justice SAYLOR.

After multiple remands in this capital post-conviction appeal, we resolve Appellant’s layered claim of ineffective assistance of counsel deriving from his trial counsel’s investigation and presentation of sentencing mitigation.

The background underlying Appellant’s conviction for first-degree murder and subsequent death sentence is set forth in Commonwealth v. Gorby, 527 Pa. 98, 588 A.2d 902 (1991). Briefly, the killing occurred in December 1985 after Appellant asked Drayton Spahr, the victim, for a ride from one tavern to another. Upon arrival, Appellant killed Mr. Spahr in his car, using a knife. Later, Appellant appeared at both taverns in clothes bearing markings from dried blood and displayed the victim’s wad of money, distinctive belt, and wallet. See id. at 104-05, 588 A.2d at 904-05. At one point, Appellant produced his bloodstained knife and used it to shave hair from a bartender’s arm; in statements to police, witnesses characterized Appellant’s appearance and behavior as highly irregular.

In preparing for the penalty phase of trial, Appellant’s trial counsel was aware that: there were accounts of his client having behaved irrationally around the time of his offenses; Appellant had abused intoxicating substances from the time of his early youth; he had a “rough childhood”; he performed poorly in school and in educational testing despite normal intelligence; he had had various encounters with the juvenile justice system; and he had been hospitalized on one or more occasions, including as a result of a head injury suffered in an automobile accident at 18 years of age. Nevertheless, counsel did not believe that any of these circumstances represented, or presented a basis for further inquiry into, potential mitigation. [367]*367Trial counsel formed his conclusion largely based on his interviews with Appellant and his mother, Betty Stevens, and step-father, Gilbert Stevens. He did not obtain medical, educational, or social-history records, nor did he consult a mental-health professional during his investigation and preparation.

Immediately after Appellant’s conviction and prior to the penalty phase of trial, Appellant’s trial counsel appeared to express some uncertainty in terms of the presentation of mitigating circumstances at a capital trial.1 Counsel proceeded to offer a single mitigation witness, Appellant’s step-father, whose entire direct testimony proceeded as follows:

Q Would you state your full name for the record please.

A Pardon me?

Q State your full name for the record.

A Gilbert L. Stevens

Q And what is your address?

A R.D. 2, Box 110, Eighty-Four, Pa.

Q What is your relationship to Mr. Gorby?

A He’s my stepson.

Q Prior to December 21st, 1985, within the few months immediately prior to that, was he working with you or for you?

A He worked for me. We cut wood and stuff like that around the house. He helped me build my home.

Q What kind of work would he do for you when he was helping you build your home?

A We laid the block; most of the block he helped me with and roughed in the decks. The walls I put up later.

[368]*368Q What kind of a worker was he?

A He worked with me all day long. He worked pretty hard, I’d have to say a good worker.

Q Would he work with you on a regular daily basis?

A No. If I asked him to do something he would always give me a hand. He never refused unless he had somewhere to go or something to do.

Q Your Honor, I have no other questions.

N.T., at 1097-98.

In his brief closing penalty-phase argument before the jury,2 Appellant’s trial counsel suggested that it could be inferred from the circumstances surrounding the killing that Appellant had been drinking; contended that the Commonwealth had not established a motivation or precipitating event relative to the killing; reminded the jurors of the gravity of their decision and the difficulty of counsel’s own position; entreated them not to make a mistake; and referenced the mitigation evidence that he had presented solely on the following terms:

You heard testimony of Gilbert Stevens now, who is the stepfather, you have heard the testimony of Betty in the case. Again this doesn’t count here. What counts is the testimony that Mr. Stevens gave you.

N.T., at 1102.3 Counsel sought and obtained a charge describing the mitigating circumstance delineated in Section 9711(e)(3) of the death penalty statute, prescribing that mitigating circumstances shall include the capacity of a capital defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law, 42 Pa. C.S. § 9711(e)(3), but he did not frame the evidence in such [369]*369terms in his closing remarks to the jury. Moreover, in its charge to the jurors, the trial court did not mention the catchall mitigator authorizing consideration of “[a]ny other evidence of mitigation concerning the character and record of the defendant and the circumstances of his offense,” 42 Pa. C.S. § 9711(e)(8), and counsel voiced no objection, although this was the only category of mitigation within which the affirmative evidence that counsel had presented in the penalty phase potentially could be assessed. The jurors unanimously found the aggravating circumstances alleged by the Commonwealth to have been established beyond a reasonable doubt,4 and each juror determined that Appellant had failed sufficiently to establish any mitigating circumstance, thus requiring the imposition of a death sentence. See 42 Pa.C.S. § 9711(c)(l)(iv) (prescribing that “the verdict must be a sentence of death if the jury unanimously finds at least one aggravating circumstance specified in subsection (d) and no mitigating circumstance or if the jury unanimously finds one or more aggravating circumstances which outweigh any mitigating circumstances”).

In January 1996, Appellant filed a petition for relief under the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-9546, which was supplanted by an amended petition filed by appointed counsel. Appellant averred, inter alia, that his trial counsel failed to investigate, develop, and present mitigating evidence concerning his life history and mental-health condition, including evidence of abuse and neglect suffered during his childhood and major mental health impairments, for example, cognitive disorder diminishing, inter alia, his ability to reason, make sound judgments, and control impulses. According to the petition, the “good worker” evidence that counsel did actually adduce was paltry and dwarfed by the other available and compelling mitigation. The petition averred that counsel’s deficient stewardship stemmed from his failure to undertake a sufficient and reasonable mitigation investigation, in-[370]*370eluding failures to speak with readily available life-history witnesses, obtain medical and social history records, and explore mental-health issues that were obviously of potential relevance as indicated by the circumstances of Appellant’s background and his offenses.

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Cite This Page — Counsel Stack

Bluebook (online)
909 A.2d 775, 589 Pa. 364, 2006 Pa. LEXIS 2572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gorby-pa-2006.