Commonwealth v. Martin

387 A.2d 835, 479 Pa. 63, 1978 Pa. LEXIS 667
CourtSupreme Court of Pennsylvania
DecidedJune 2, 1978
Docket229
StatusPublished
Cited by68 cases

This text of 387 A.2d 835 (Commonwealth v. Martin) 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. Martin, 387 A.2d 835, 479 Pa. 63, 1978 Pa. LEXIS 667 (Pa. 1978).

Opinions

OPINION OF THE COURT

EAGEN, Chief Justice.

Appellant, Calvin Martin, was convicted by a jury in Philadelphia of murder of the first degree. Post-verdict motions filed by trial counsel seeking an arrest of the judgment and/or a new trial were denied1 and a sentence of life imprisonment was imposed. This appeal followed.

In this appeal Martin is represented by new counsel, that is, counsel other than trial counsel. The sole assignment of [67]*67error is that trial counsel was ineffective in protecting Martin’s appellate rights by failing to include in the post-verdict motion for a new trial the following six alleged trial errors:2

(1) allowing a Commonwealth witness, one Anthony Brothers, to testify as to the alleged prior commission of a crime by Martin, involving the decedent, Jonathan Kent, which crime resulted in neither an arrest, trial, nor conviction;
(2) refusing to grant trial counsel’s motion for a mistrial after the testimony of Brothers was stricken;
(3) allowing a non-medical witness to testify concerning facts which were medical in nature;
(4) receiving into evidence certain photographs depicting an automobile’s condition at the time of trial, but purporting to depict the condition of the said automobile at the time of the commission of the crime, some seven months prior;
(5) the trial court’s denial of appellant’s request “for a binding instruction that where two inferences arising from the evidence were possible; one consistent with guilt and one with innocence, that the jury must draw that of innocence”;
(6) the trial court’s denial of appellant’s motion to set aside the verdict based upon the allegations of coercion exerted upon one of the jurors.

In determining counsel’s effectiveness, we must bear in mind the standard set forth in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604, 235 A.2d 349, 352 (1967):

“[Cjounsel’s assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interests.” [Emphasis in original.]

[68]*68Our initial inquiry is whether or not the issues counsel is charged with not pursuing in the post-verdict motion were of arguable merit. If we conclude the issues were of arguable merit, then and only then do we proceed to inquire whether the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interests. Commonwealth v. Hubbard, 472 Pa. 259, 276-78, 372 A.2d 687, 695-96 (1977).

In regard to Martin’s first contention that trial counsel was ineffective for failing to assign as error in the post-verdict motion the trial court’s allowing a Commonwealth witness, one Anthony Brothers, to testify as to prior acts of Martin, the record shows Brothers testified that Martin and three other persons came into his home and took $15.00 without his consent from his pocket at 7:30 p. m. on November 29, 1974, which was thirteen days before Kent was killed. Also present at the time of this event was Brothers’ mother and Kent, the murder victim. After loading a shotgun which one of the other persons had brought into the house, Martin, according to Brothers, tried to strike him with it and a fight ensued which Kent terminated by hitting Martin with a chair.

Prior to Brothers’ testimony, trial counsel had objected to the admission of such evidence. After hearing an offer of proof by the Commonwealth in camera, the trial judge allowed the testimony recounted above. Trial counsel, however, failed to assign the admission of this testimony as error in the post-verdict motion.

As a general rule, evidence that a defendant has committed another crime wholly independent and unconnected with that for which he is on trial is irrelevant and inadmissible except under special circumstances. One of the special circumstances which operates as an exception to the general rule is the case where the proffered testimony tends to establish the defendant’s motive for the crime or crimes charged in the indictment on trial. Commonwealth v. Roman, 465 Pa. 515, 351 A.2d 214 (1976). However, to be admissible under this exception, evidence of a distinct crime, [69]*69even if relevant to motive, “must give sufficient ground to believe that the crime currently being considered grew out of or was in any way caused by the prior set of facts and circumstances.” Commonwealth v. Schwartz, 445 Pa. 515, 522, 285 A.2d 154, 158 (1971).

In the instant case, the Commonwealth maintains that evidence of Martin and three other persons taking money from Brothers; of Martin holding a shotgun on and striking Brothers with it; and, of Kent stopping the ensuing struggle between Martin and Brothers by hitting Martin with a chair is admissible to show motive, intent, and ill-will on the part of Martin, who was charged with killing Kent a mere thirteen days after this incident. Placed in this frame of reference, we cannot say the trial court was in error when it concluded the evidence of these prior acts gave sufficient ground to believe that Kent’s killing grew out of or was in some way caused by the prior incident. We conclude, therefore, that since this issue was not of arguable merit, trial counsel was not ineffective in failing to raise it in post-verdict motions. See Commonwealth ex rel. Washington v. Maroney, supra, 427 Pa. at 605 n.8, 235 A.2d at 353 n.8; Commonwealth v. Nole, 461 Pa. 314, 336 A.2d 302 (1975).

Martin’s second complaint is that trial counsel was ineffective for failing to challenge in the post-verdict motion the trial court’s refusal to grant his motion for a mistrial after the testimony of Brothers was stricken. The manner in which this situation arose at trial is as follows. Over defense counsel’s objection, the trial court initially (and correctly, as we have seen) decided that Brothers’ testimony discussed above was admissible. At the conclusion of Brothers’ direct examination, but before cross-examination, defense counsel moved to strike Brothers’ testimony; the prosecutor stated that, although he still maintained Brothers’ testimony was admissible, he would not oppose the motion to strike for tactical reasons. The trial court then (incorrectly) granted trial counsel’s motion to strike and gave a strong cautionary instruction to the jury to ignore completely Brothers’ testimony. Defense counsel then moved for a mistrial on the grounds that

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Bluebook (online)
387 A.2d 835, 479 Pa. 63, 1978 Pa. LEXIS 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-martin-pa-1978.