Commonwealth v. Grant

813 A.2d 726, 572 Pa. 48, 2002 Pa. LEXIS 3148
Supreme Court of Pennsylvania·Decided December 31, 2002·No. 57 WAP 2001·Published·Cited by 1,195 cases

Opinions

OPINION

Justice CAPPY.

This court granted the instant appeal to consider whether the Superior Court erred in failing to remand Appellant’s claims related to prosecutorial misconduct and trial counsel ineffectiveness for an evidentiary hearing to the trial court. For the reasons stated herein, we affirm the order of the Superior Court.

The facts surrounding the case are as follows. The victim, Keith Gilliam, and his wife were leaving the Where’s It At Bar when gunshots were heard. The victim was killed. Shortly thereafter, a maroon car drove by and a second round of shots [53] rang out, wounding two other people. Various witnesses testified to the details of the shooting, the police response, and the forensic evidence. The Commonwealth presented one witness who identified Appellant, Taibu Grant, as the shooter.

At trial a public defender represented Appellant. Following the conclusion of trial, a jury convicted Appellant of first-degree murder and sentenced him to life imprisonment. An appeal was filed by another member of the public defender’s office. The trial court found the existence of a conflict of interest and appointed new counsel to represent Appellant on appeal. On appeal, the Superior Court remanded the matter to allow Appellant to file a post-sentence motion nunc pro tunc to challenge the weight of the evidence. The court affirmed the judgment of sentence as to the remainder of Appellant’s claims. The court reviewed the substance of most of Appellant’s claims and concluded they were without merit. However, the court dismissed two of Appellant’s claims related to trial counsel’s ineffectiveness for his failure to adequately develop the claims. See Superior Court slip opinion at 5-6.

This court granted limited allowance of appeal to consider three of Appellant’s claims. Further, we directed the parties to present argument on whether this court should reconsider the practice first announced in Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977), requiring that claims related to counsel ineffectiveness be raised at the earliest stage of the proceedings at which the allegedly ineffective counsel no longer represents the defendant.

Appellant argues that the Superior Court erred in affirming the judgment of sentence. Specifically, Appellant contends that the Commonwealth committed misconduct when it failed to reveal that its only eyewitness, Christopher Moore, was on probation at the time of trial and that he had more than one crimen falsi conviction. Appellant also argues that the Superi- or Court erred in dismissing his ineffectiveness claims for failure to adequately develop those claims, since case law prevents an appellant from referring to matters outside the record in a direct appeal. Related to this claim, Appellant approves of the practice set forth in Hubbard. Lastly, Appel[54] lant asserts that the court erred in permitting evidence to be introduced regarding the fact that he was not licensed to carry a firearm.1

The Commonwealth responds that the Superior Court did not err in concluding that ineffectiveness claims must be supported by sufficient facts for a court to ascertain whether counsel may have been ineffective. Further, Appellant’s claim related to alleged prosecutorial misconduct was not sufficiently developed to warrant review of the issue. Related to this claim, the Commonwealth points out that Hubbard provides the proper procedure for appeals alleging ineffectiveness in order to ensure that the claims are disposed of in an efficient fashion. Lastly, the Commonwealth argues that the trial court did not err in allowing it to introduce evidence that Appellant was not licensed to carry a gun at the time of the instant incident.

In order to effectively evaluate Appellant’s arguments, rather than addressing the claims in the order in which they are presented, we will first consider the claims that do not implicate trial counsel’s ineffectiveness. Following our review of those issues, we will consider the remaining issues, which are presented as claims of trial counsel ineffectiveness.

Appellant first argues that the prosecutor failed to reveal that the key Commonwealth witness, Christopher Moore, had more than one crimen falsi conviction in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Additionally, the Commonwealth failed to disclose that Moore was on state parole at the time of the trial. According to Appellant, he was prejudiced by the prosecutor’s failures since this information may have provided Appellant with additional evidence to impeach the testimony of Moore.

In order for a defendant to establish the existence of a Brady violation, he must establish that there has been a suppression by the prosecution of either exculpatory or im[55] peachment evidence that was favorable to the accused, and that the omission of such evidence prejudiced the defendant. See Commonwealth v. Paddy, 569 Pa. 47, 800 A.2d 294, 305 (2002). Further, no Brady violation occurs where the parties had equal access to the information or if the defendant knew or could have uncovered such evidence with reasonable diligence. Id.

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Commonwealth v. Grant, 813 A.2d 726, 572 Pa. 48, 2002 Pa. LEXIS 3148 (Pa. 2002).

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