Commonwealth v. Lassiter

696 A.2d 196, 1997 Pa. Super. LEXIS 1615
CourtSuperior Court of Pennsylvania
DecidedJune 20, 1997
DocketNo. 02397
StatusPublished
Cited by2 cases

This text of 696 A.2d 196 (Commonwealth v. Lassiter) 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. Lassiter, 696 A.2d 196, 1997 Pa. Super. LEXIS 1615 (Pa. Ct. App. 1997).

Opinion

CIRILLO, President Judge Emeritus:

Lori Lassiter appeals from an order of the Court of Common Pleas of Philadelphia County denying her petition filed under the Post Conviction Relief Act [PCRA], 42 Pa. C.S.A. § 9541 et seq. We affirm.

William “Ricky” Carter owed money to Lori Lassiter. In order to pay the debt, Carter and Lassiter conspired to rob a cab driver. During the course of the robbery, the cab driver was shot and killed.

The prosecution agreed to refrain from seeking the death penalty in Lassiter’s case if she agreed to waive her right to a jury trial. Lassiter agreed. Following a non-jury trial, Lassiter was convicted of second-degree murder, criminal conspiracy, robbery and possession of an instrument of crime. The court sentenced Lassiter to life imprisonment for second-degree murder, with concurrent terms of imprisonment of five to ten years for criminal conspiracy and two and one-half to five years for possession of an instrument of crime.

Lassiter filed a pro se petition for relief under the Post Conviction Relief Act. 42 Pa.C.S.A. § 9541 et seq. Thereafter, court-appointed counsel amended the petition. The petition was denied and Lassiter appealed to this court. On appeal, Lassiter raises two issues for our review:

1. Was trial counsel ineffective for failing to insure a proper waiver of jury trial colloquy because he allowed the Commonwealth to coerce a waiver of appellant’s right to trial by jury by threatening her with the death penalty should she insist on a jury trial, but foregoing the death penalty should she proceed on a waiver?
2. Was trial counsel ineffective for failing to realize that appellant was not death eligible and that the Commonwealth lacked any aggravating circumstance in this case and, accordingly, the waiver of the jury trial right was predicated upon an erroneous assumption and could never be found to be intelligent?

On appeal from the denial of PCRA relief, this court must determine whether the post-conviction court’s findings were supported by the record and whether the court’s order is otherwise free of legal error. Commonwealth v. Blackwell, 436 Pa.Super. 294, 647 A.2d 915 (1994). The findings of the post-conviction court will not be disturbed unless they have no support in the record. Id.

Our standard of review when evaluating a claim of ineffective assistance of counsel is well settled. We presume that trial counsel is effective and place on the defendant the burden of proving otherwise. Commonwealth v. Williams, 524 Pa. 218, 230, 570 A.2d 75, 81 (1990). We are first required to determine whether the issue underlying the claim is of arguable merit. Commonwealth v. Johnson, 527 Pa. 118, 122, 588 A.2d 1303, 1305 (1991). If the claim is without merit, our inquiry ends because counsel will not be deemed ineffective for failing to pursue an issue which is without basis. Id. Even if the underlying claim has merit, the appellant still must establish that the course of action chosen by his counsel had no reasonable basis designed to effectuate the client’s interests and, finally, that the ineffectiveness prejudiced his right to a fair trial. Id.; Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987). The same showing of prejudice must- be made by an appellant whether on direct appeal from a judgment of sentence or [198]*198on appeal from denial of PCRA relief. Commonwealth v. Kimball, 453 Pa.Super. 193, 683 A.2d 666 (1996) (en banc).

Underlying both issues on appeal is whether Lassiter could legally be sentenced to the death penalty. Lassiter first contends that waiver of her right to a jury trial is not voluntary when motivated by avoidance of the death penalty. This argument has been considered and rejected by the Pennsylvania Supreme Court. See Commonwealth v. Bhillips, 475 Pa. 427, 380 A.2d 1210 (1977), cert. denied, 439 U.S. 1067, 99 S.Ct. 832, 59 L.Ed.2d 32 (1979).

In Bhillips, the defendant argued that the waiver of his right to a jury trial was coerced because of the fear of a possible death penalty. The Pennsylvania Supreme Court disagreed, stating that this allegation was insufficient to establish that the waiver was unknowing or involuntary. Id. at 432-34, 380 A.2d at 1213. The Bhillips Court relied upon the United States Supreme Court’s decisions in Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970) and North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). In Alford, the Court stated:

We held in Brady v. United States, ... that a plea of guilty which would not have been entered except for the defendant’s desire to avoid a possible death penalty and to limit the maximum penalty to life imprisonment or a term of years was not for that reason compelled within the meaning of the Fifth Amendment.... That he would not have pleaded except for the opportunity to limit the possible penalty does not necessarily demonstrate that the plea of guilty was not the product of a free and rational choice, especially where the defendant was represented by competent counsel whose advise was that the plea would be to the defendant’s advantage.

Alford, 400 U.S. at 31, 91 S.Ct. at 164.

Brady and Alford dealt with guilty pleas, not jury trial waivers. The Pennsylvania Supreme Court, however, applied the United States Supreme Court’s reasoning, stating: “[A] guilty plea contains a waiver of jury trial plus much more. Any reasoning concerning a guilty plea would thus be applicable to a situation where fewer constitutional rights are involved.” Bhillips, 475 Pa. at 431 n. 4, 380 A.2d at 1212 n. 4. See Commonwealth v. Nickol, 476 Pa. 75, 381 A.2d 873 (1977)(re-jecting defendant’s claim that his right to a jury trial was impermissibly chilled by fear of the death penalty; the court held that Bhillips controlled); see also Commonwealth v. Glover, 266 Pa.Super. 531, 405 A.2d 945 (1979)(court rejected defendant’s argument that jury trial waiver was involuntary because it was motivated by fear of the death penalty). Cf. Commonwealth v. Melton, 465 Pa. 529, 539-40, 351 A.2d 221 (1976)(Pennsylvania Supreme Court adopted Brady and Alford

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696 A.2d 196, 1997 Pa. Super. LEXIS 1615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lassiter-pasuperct-1997.