Commonwealth v. Johnson

179 A.3d 1105
CourtSuperior Court of Pennsylvania
DecidedFebruary 13, 2018
DocketNo. 3845 EDA 2016
StatusPublished
Cited by94 cases

This text of 179 A.3d 1105 (Commonwealth v. Johnson) is published on Counsel Stack Legal Research, covering Superior 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. Johnson, 179 A.3d 1105 (Pa. Ct. App. 2018).

Opinion

OPINION BY STEVENS, P.J.E.:

Appellant Karrem Johnson appeals from the Order entered in the Court of Common Pleas of Philadelphia County on December 12, 2016, denying his first petition filed pursuant to the Post Conviction Relief Act.1 Also before this Court are Appellant's Application for Remand filed on August 17, 2017, and counsel's Application to Withdraw filed on August 31, 2017. Following our review, we affirm the trial court's order, deny PCRA counsel's application for remand and deny PCRA counsel's application to withdraw without prejudice to pursue the issue he raised therein before the trial court.

A prior panel of this Court set forth the relevant facts and procedural history when addressing Appellant's direct appeal as follows:

Appellant was arrested and charged with [first-degree murder, burglary, possessing an instrument of crime (PIC), and three violations of the Uniform Firearms Act] following the shooting death of Christopher Lomax. At Appellant's trial, the Commonwealth presented multiple witnesses, beginning with Tyree Graham. Graham testified that in the late night and early morning hours of June 21 to 22, 2008, he and Lomax were celebrating Lomax's birthday at a Philadelphia bar called Rumors. N.T. Trial, 2/2/11, at 43-44. When two men left the bar at about 1:45 a.m., Graham saw Appellant, whom he knew by the nickname "Cutt," standing outside the entrance to the bar. Id. at 43, 48-49. Graham stated that as he and Lomax talked to some women outside the bar, he heard gunshots. Id. at 49-50. Graham started running to his car and, when he *1110turned to look back, he saw Lomax lying on the ground. Id. at 50.
While Graham denied actually seeing who shot Lomax, the Commonwealth presented the testimony of Kwame Mapp and Jahmil Miller to refute that claim. First, Mapp testified that he knew both Tyree Graham and Cristopher Lomax, and had heard about Lomax's death from Graham. Id. at 110. Specifically, Mapp stated that at some point between one week and one month after Lomax's murder, Graham told him that he saw "a person by the name of Cutty" shoot Lomax. Id. at 112. Mapp claimed that Graham told him that he saw "Cutty" walk up from behind Lomax and shoot him, and that "Cutty" continued to shoot Lomax after Lomax was on the ground. Id. at 113, 116. On October 23, 2008, Mapp provided a statement to police regarding what Graham had told him about Lomax's shooting. Id. at 114.
The Commonwealth also called Jahmil Miller to the stand. Miller testified that on May 8, 2009, he provided police with a signed, written statement regarding Lomax's murder. N.T. Trial, 2/3/11, at 11. Therein, Miller stated that shortly after the shooting, Tyree Graham told him that "Cutt," i.e Appellant, and Lomax had an altercation inside Rumors bar, and that once outside, Graham saw Appellant pull out a gun and shoot Lomax. Id. at 13-14, 17, 21.
The Commonwealth also called Darnell Clark to the stand. Clark stated that he was friends with Christopher Lomax and was at Rumors bar with him the night that he was shot. N.T. Trial, 2/2/11, at 146. Shortly after the altercation, Lomax went outside the bar where he was shot. Id. at 148. Directly after the shooting on June 22, 2008, Clark gave police a description of the man he saw arguing with Lomax inside the bar. Id. at 151. Then, in October, Clark identified Appellant from a photo array as the man that Lomax argued with on the night he was shot. Id. at 153, 165-67.
Renee Smith2 also testified for the Commonwealth. When Ms. Smith took the stand, she denied any knowledge of Lomax's murder. Accordingly, the Commonwealth confronted her with a statement she gave police in March of 2009. N.T. Trial, 2/3/11, at 80. In that statement, Ms. Smith said that she was at Rumors bar in the early morning hours of June 22, 2008. Id. at 88. There, she saw Lomax, whom she knew by the nickname "Mo-Mo." Id. at 86, 89. Ms. Smith told police that shortly after 1:00 a.m, she left the bar and was standing across the street from the bar's entrance waiting for her mother to pick her up. Id. at 90-91. Ms. Smith stated as she stood outside,
I heard the gunshot from over the park area. I looked across and saw that there was a circle of people around the two guys, the one who was shooting and the one who was getting shot. I didn't know that it Mo-Mo until afterwards because he was on the ground when the other guy was shooting.
Id. at 91. Ms. Smith also told police that "[t]he guy who was shooting was shooting down at the guy on the ground" and explained that the shooter fired "more than seven shots." Id. at 92. When police asked Ms. Smith if she knew the shooter, she stated that she recognized him as a rapper who "calls himself Cutt." Id. She told police that she had seen "Cutt" in the bar earlier that night. Id. at 93. When confronted with a photo array, Ms. Smith identified Appellant as the man she knew as "Cutt" who she saw shoot Christopher Lomax. Id. at 94.
*1111Next, Lakia Bunch testified for the Commonwealth. She stated that she was at Rumors bar on the night of Lomax's shooting. N.T. Trial, 2/4/11 at 4. Ms. Bunch stated that she knew Appellant as "Cutt," and that she had known him all her life. Id. at 5. When asked if she witnessed Lomax's shooting, Ms. Bunch said she did not, claiming she had no knowledge regarding the circumstances of Lomax's death. Id. at 5, 24. At that point the Commonwealth confronted her with a signed, written statement that she provided to police on May 11, 2009. Id. at 6. In that statement, Ms. Bunch claimed that she witnessed Lomax's shooting, explaining that the shooter "shot [Lomax] like at least six or seven times." Id. at 15. Ms. Bunch further stated that she knew the shooter as "Cutt." Id. Ms. Bunch was then presented with a photo array and identified Appellant as the man she knew as "Cutt." Id. at 23-24.
Following this testimony regarding Lomax's shooting, the Commonwealth presented evidence relating to how Appellant was apprehended by police. For instance, the Commonwealth called Philadelphia Police Officer James Boone to the stand. Officer Boone stated that on July 28, 2008, almost a month after Lomax's murder, he and his partner, Officer White, were in a marked police car traveling on the 3100 block of Park Avenue at approximately 3:45 p.m. N.T. Trial, 2/3/11, at 144, 145. The Officers were patrolling this area because they had received a complaint of individuals selling drugs and loitering. Id. at 145. During the course of their patrol, Officer Boone and his partner observed Appellant and another man sitting on the porch of a home. Id. at 144, 145. The officers were patrolling this area because they had received a complaint of individuals selling drugs and loitering. Id. at 145. During the course of their patrol, Officer Boone and his partner observed Appellant and another man sitting on the porch of a home. Id. at 144, 145. When the officers asked Appellant if he lived there, Appellant "cursed at" them. Id. at 147. At that point, the officers exited their vehicle in order to conduct "a pedestrian investigation." Id. at 148.

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Cite This Page — Counsel Stack

Bluebook (online)
179 A.3d 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-johnson-pasuperct-2018.