Commonwealth v. Hutchinson

556 A.2d 370, 521 Pa. 482, 1989 Pa. LEXIS 100
CourtSupreme Court of Pennsylvania
DecidedMarch 15, 1989
Docket50 E.D. Appeal Dkt., 1988
StatusPublished
Cited by71 cases

This text of 556 A.2d 370 (Commonwealth v. Hutchinson) 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. Hutchinson, 556 A.2d 370, 521 Pa. 482, 1989 Pa. LEXIS 100 (Pa. 1989).

Opinions

OPINION

McDERMOTT, Justice.

On November 26, 1976 at approximately 11:05 p.m., a Philadelphia Police Officer received a description over his van radio of a male who had just raped and robbed two women.1 While receiving this information the officer observed appellee, Leonard Hutchinson, who matched the description. Mr. Hutchinson was stopped by the officer, placed in the back of the officer’s police van, and taken some five blocks to the scene of the crime for identification purposes. While he was being escorted out of the back of the van one of the victims unhesitatingly identified appellee as the assailant. Moments later Mr. Hutchinson was displayed to the other victim who also responded in like fashion. Mr. Hutchinson was then arrested.

Leonard Hutchinson was found guilty by a jury in the Court of Common Pleas of Philadelphia on September 23, 1977, of rape, involuntary deviate sexual intercourse, and robbery.2 Post-trial motions were denied and appellee was sentenced to a period of incarceration of thirteen to sixty years. Appeal was taken to the Superior Court which [485]*485affirmed the judgment of sentence. Allocatur was denied on January 16,1980. Subsequently, appellee, acting pro se, filed a petition for relief under the Post Conviction Hearing Act3, in which he requested a new trial. This petition was later amended by counsel. His primary claim was that trial counsel was ineffective.

Following an evidentiary hearing the PCHA court denied requested relief and appellee appealed to the Superior Court. That Court, by per curiam order, 370 Pa.Super. 647, 533 A.2d 1075, reversed the lower court and remanded for a new trial.4 The Commonwealth then filed a petition for allowance of appeal which was granted. We now reverse the order of the Superior Court.

The issue before the Court is whether trial counsel provided ineffective assistance of counsel when he failed to introduce a prior consistent statement which had been uttered by Mr. Hutchinson. The facts relevant to a resolution of this issue are as follows.

After formal arrest and while still in custody the following statement was purportedly made by appellee: “I have been at my grandmother’s house on Camac Street and was going home when a cop stopped me. I don’t know anything about robbing or raping anyone.”5

At trial defense counsel, during cross examination, attempted to elicit this statement from the detective to whom it was made. The Commonwealth’s- objection was sustained, with the court determining that this statement was not only hearsay but outside the scope of direct examination as well. No further attempt to introduce this statement was made by defense counsel, even after the Commonwealth made efforts toward impeaching defendant’s credi[486]*486bility and that of his mother and grandmother.6 It is this failure which appellee alleges rendered trial counsel ineffective.

Approaching our task of determining whether counsel’s assistance was effective we initially presume that it was. Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987); Commonwealth ex. rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). Then we examine whether the defendants’ allegations are possessed of arguable merit. Pierce, supra; Commonwealth v. Stoyko, 504 Pa. 455, 475 A.2d 714 (1984); Maroney, supra. We next determine whether of the alternatives available to counsel those chosen were reasonable in effecting the client’s interests, Id.; Commonwealth v. Wade, 501 Pa. 331, 461 A.2d 613 (1983). Finally, we require that the defendant demonstrate how the asserted ineffectiveness prejudiced his cause. Pierce, supra; Commonwealth v. Clemmons, 505 Pa. 356, 479 A.2d 955 (1984); Commonwealth v. Vogel, 501 Pa. 314, 461 A.2d 604 (1983).

In conducting this analysis it is important to bear in mind that allegations of the deprivation of the right to effective counsel are not self-sustaining. The burden of proof of the allegations remains with the claimant: their accuracy to be established by his submission of relevant proofs. Commonwealth v. McNeil, 506 Pa. 607, 487 A.2d 802 (1985); Commonwealth v. Miller, 494 Pa. 229, 431 A.2d 233 (1981); Commonwealth v. Shore, 487 Pa. 534, 410 A.2d 740 (1980); Commonwealth v. Logan, 468 Pa. 424, 364 A.2d 266 (1976); Maroney, supra.

Turning to the question of whether appellee’s underlying claim had arguable merit, this Court has discussed the admissibility of a prior consistent statement thusly:

... a prior declaration of a witness whose testimony has been attacked and whose credibility stands impeached, which, considering the impeachment, the court will allow [487]*487to be proved by the person to whom the declaration was made, in order to support the credibility of the witness.

Lyke v. Lehigh Valley Railroad Co., 236 Pa. 38, 48, 84 A. 595, 601 (1912). Because such statements are hearsay, their use as a means to rehabilitate the credibility of an impeached witness’ testimony is severely limited; and such statements are admissible only if it is alleged that the witness’ present testimony is recently fabricated or a result of corrupt motives. Commonwealth v. Gaddy, 468 Pa. 303, 317, 362 A.2d 217, 223 (1976). Furthermore, evidence of such statements is “admissible only in rebuttal and then only for the purpose of showing that that which the witness now testifies to has not been recently fabricated”. Commonwealth v. Gaddy, 468 Pa. 303, 316, 362 A.2d 217, 223 (1976), quoting Commonwealth v. Wilson, 394 Pa. 588, 602-03, 148 A.2d 234, 242 (1959), cert. denied, 361 U.S. 844, 80 S.Ct. 97, 4 L.Ed.2d 82 (1959). As a further restriction upon admissibility the statement must have been made at a time “before its ultimate effect on the question trying could have been foreseen” Craig v. Craig, 5 Rawles 91, 97-98 (1835). In more recent times this court has interpreted this caveat to mean before “any corrupt motive has arisen” Commonwealth v. Gaddy, supra, 468 Pa. at 317, 362 A.2d at 223 (1976). See also Risbon v. Cottom, 387 Pa. 155, 127 A.2d 101 (1956); Keefer v. Byers, 398 Pa.

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Bluebook (online)
556 A.2d 370, 521 Pa. 482, 1989 Pa. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hutchinson-pa-1989.