Commonwealth v. Murphy

739 A.2d 141, 559 Pa. 71, 1999 Pa. LEXIS 3249
CourtSupreme Court of Pennsylvania
DecidedOctober 28, 1999
StatusPublished
Cited by24 cases

This text of 739 A.2d 141 (Commonwealth v. Murphy) 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. Murphy, 739 A.2d 141, 559 Pa. 71, 1999 Pa. LEXIS 3249 (Pa. 1999).

Opinions

OPINION OF THE COURT

CASTILLE, Justice.

In this direct appeal of the denial of his petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541 et seq. (“PCRA”), appellant alleges that his trial counsel was ineffective in several respects during both the guilt phase and penalty phase of his trial. For the reasons set forth below, appellant is not entitled to relief and the ruling of the PCRA court upholding the judgment and sentence of death is affirmed.

On July 31, 1988, following a jury trial, appellant was convicted of first-degree murder in the death of Raymond Gambrell and terroristic threats against a witness, Steven Brown. Pursuant to 42 Pa.C.S. § 9711(d), the jury found one aggravating circumstance: that the defendant had a significant history of violent felony convictions involving the use or threat of violence to the person.1 The jury also found two mitigating circumstances: the age of the defendant at the time of the killing (24 years of age),2 and the catchall circumstance.3 The jury determined that the one aggravating circumstance outweighed the two mitigating circumstances and, pursuant to 42 Pa.C.S. § 9711(f), returned a penalty phase verdict of death. Post-verdict motions were heard and denied.

On April 18, 1995, on direct appeal, this Court affirmed appellant’s conviction and judgment of sentence. Commonwealth v. Murphy, 540 Pa. 318, 657 A.2d 927 (1995). The [76]*76Court summarized the facts giving rise to appellant’s convictions as follows:

A review of the record reveals that on January 21, 1981, Raymond Gambrell, the deceased, and his friend, Steven Brown, spent the day travelling from one liquor establishment to another purchasing wine to consume. At about 10:30 p.m., they were walking down Clearfield Street in North Philadelphia where they encountered appellant and two of his cohorts who were in a Buick parked between Rosewood and Carlisle Streets. As Gambrell and Brown walked past the parked automobile, appellant made “smart” remarks to them; however, they continued on their way. Later that evening, while Gambrell and Brown were drinking a newly purchased bottle of wine, they saw the appellant and his cronies circling the block in the Buick stalking them.
At approximately 1:00 a.m. on January 22, 1981, after another trip to a speakeasy, Gambrell and Brown encountered appellant and his cohorts who were in the Buick at 15th and Clearfield Streets. As they walked past the car, appellant said, “There they go.” Appellant then got out of the car from his driver’s seat and confronted Raymond Gambrell by the steps to an apartment building next to a vacant lot. Brown stood by as appellant accused Gambrell of breaking into appellant’s mother’s house. Gambrell told appellant that he did not do it. Appellant then pulled out a gun and told Brown to get into the car. When he hesitated, appellant said to Brown, ‘You think I’m playing, get in the car ... sit between them.”
After he was inside the car, seated between Ronald and Bernie Smith in the back seat along with Dennis Cook, Brown saw appellant place his gun to Gambrell’s head and escort him to the vacant lot. Moments later, two gunshots rang out from the direction of the lot.
When appellant returned to the automobile with his gun in hand a couple of minutes later, one of appellant’s cronies asked him where he shot Gambrell. Appellant replied, “Where do you think?” Another passenger in the Buick then said, “If you shot him where I think you shot him, he’s [77]*77dead, you got a body.” Appellant then turned around, pointed his gun at Brown and said, “You better not say anything because, I swear to Allah, I’m going to get you no matter where you’re at.” He then drove away from the scene and dropped Brown off at Broad and Olney Street at around 1:30 a.m. Before leaving though, appellant told Brown that if the police were to question him about this incident, he should tell them that he was not with Gambrell that evening.
At approximately 1:54 a.m., the police discovered Gambrell lying on his back in the vacant lot. The police officers observed blood flowing from the bridge of his nose, his right ear, and the back of his head. Subsequently, they located Brown, who was brought in at 4:30 a.m. Brown, although visibly nervous and frightened, made a statement to police implicating appellant. On February 3, 1981, an arrest warrant for appellant was executed.
Dr. Halbert Fillinger, who had performed the autopsy on the deceased, testified at trial that the cause of death was a gunshot wound to the head and the manner of death was homicide. It was his testimony that the projectile, a .38 caliber bullet, traveled back to front and right to left causing severe damage to the brain. A firearms examiner also testified that the .38 caliber bullet obtained from Gambrell’s head was likely fired from a .357 caliber Smith and Wesson revolver. Sergeant Schmid of the Philadelphia Police Department testified that a .357 caliber Smith and Wesson revolver was found in appellant’s possession when he was arrested.
Gail Brown testified at trial that on the morning of January 22, 1981, her brother, Steven Brown, visited her. Brown, who was usually a strong person, told his sister that he was scared and frightened because threats had been made against the family and he was afraid for his life. Consequently, his family sent him to Portland, Maine to stay with his brother.
As a result, the preliminary hearing in this case was continued because the Commonwealth’s star witness, Steven Brown, failed to appear. Two more scheduled dates passed [78]*78while Brown was in Maine. Following the third listing on March 5, 1981, the trial court discharged appellant. On May 1, 1981, Steven Brown returned to Philadelphia. Two weeks later he was gunned down.
On May 13, 1981, Steven Brown was sitting on the porch of Jerome Watson’s house located at 3122 N. 15th Street. Wanda Wilson, then ten years old, observed appellant stealthily approach the bushes in front of Watson’s house and open fire, killing Brown, [footnote omitted]. Renee Jones, who lived with appellant from 1979 to 1981, testified that she also saw appellant shoot up onto the porch of Watson’s house. She then observed appellant and Bernie Smith jump into a car and take off down the street. Renee Jones further testified that appellant had told her that he shot Raymond Gambrell because Gambrell had broken into his mother’s house. Moreover, in a statement she had given to police on February 24,1986, Renee Jones stated that appellant shot Steven Brown because he was a witness to the Gambrell killing.

Commonwealth v. Murphy, 540 Pa. 318, 324-27, 657 A.2d 927, 930-31 (1995).

Subsequent to this Court’s affirmation of the judgment and sentence of death, new counsel was appointed and filed a petition pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541 et seq. On July 5, 1997, the trial court dismissed the petition without a hearing. Pursuant to 42 Pa.C.S. § 9546(d), this Court has jurisdiction to review the PCRA court’s ruling upholding the sentence of death.

Under the version of the PCRA at issue here,5

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Commonwealth v. Murphy
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Bluebook (online)
739 A.2d 141, 559 Pa. 71, 1999 Pa. LEXIS 3249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-murphy-pa-1999.