Commonwealth v. Noel

53 A.3d 848, 2012 Pa. Super. 193, 2012 Pa. Super. LEXIS 2504
CourtSuperior Court of Pennsylvania
DecidedSeptember 11, 2012
StatusPublished
Cited by36 cases

This text of 53 A.3d 848 (Commonwealth v. Noel) 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. Noel, 53 A.3d 848, 2012 Pa. Super. 193, 2012 Pa. Super. LEXIS 2504 (Pa. Ct. App. 2012).

Opinions

OPINION BY

SHOGAN, J.

Appellant, Harold Winston Noel, Jr., appeals from the judgment of sentence entered on April 16, 2010, in the Philadelphia County Court of Common Pleas. On appeal, Appellant challenges, inter alia, the trial court’s application of Pa.R.Crim.P. 631(E)(2) in that he was required to exercise peremptory challenges before the exercise of all his challenges for cause. For the reasons set forth below, we affirm.

The relevant facts of this matter may be briefly summarized as follows. At a jury trial held on February 16, 2010 through February 18, 2010, Mr. Zachary Willis (‘Willis”) testified as a witness for the Commonwealth. Willis stated that on June 29, 2008, while walking to a gas station at Aramingo Avenue and Somerset Street in Philadelphia, a man later identified as Appellant approached him. N.T., Trial, 2/16/10, at 17. Appellant said ‘To, let me get your wallet.” Id. Willis thought it was a joke at first, but he realized that it was not when he saw Appellant was pointing a gun at him. Id. at 18. Willis gave his wallet to Appellant, and Appellant fled towards Somerset and Memphis Streets. Id. Willis subsequently identified Appellant in a line-up as the man who robbed him. Id. at 66.

Next, Mr. Eugene McPeak (“McPeak”) testified and stated that on June 29, 2008, as he was placing his groceries into his vehicle, a man approached him and demanded the cash McPeak had in his hand. N.T., Trial, 2/17/10, at 22. The man then lifted his shirt and removed a gun. Id. at 23. With the gun drawn, the man pushed McPeak down and ran north towards Ar-amingo Avenue. Id. at 23. McPeak, however, was unable to identify the person who attempted to rob him. Id. at 29.

Next, a co-conspirator, Steven Reiner (“Reiner”), who is also known as Michael Reiter, testified for the Commonwealth. He testified that he was involved in the robberies involving Willis and McPeak, and that he pled guilty to these crimes and was currently incarcerated. N.T., Trial, 2/17/10, at 89. He testified that he and Appellant conspired to engage in these robberies in an effort to obtain cash so that they could buy drugs. Id. at 70-74. Reiner corroborated the testimony of Willis and McPeak. Id.

At the conclusion of the trial, on February 19, 2010, the jury returned a verdict of guilty as to criminal conspiracy to commit robbery, possession of an instrument of crime, and possession of a firearm with the manufacturer number altered with respect to McPeak. The jury further found Appellant guilty of robbery, criminal conspiracy to commit robbery, firearms not to be carried without a license, possession of an instrument of crime, possession of a firearm by a prohibited person, and possession of a firearm with the manufacturer number altered with respect to Willis.

On April 16, 2010, the trial court sentenced Appellant to an aggregate term of 29 to 58 years of incarceration. Appellant timely appealed.

On appeal, Appellant raises two issues for this Court’s consideration:

Did not the trial court violate Pa. R.Crim. P. 631(E)(2) by requiring the defense and prosecution to exercise peremptory challenges before the exercise of all challenges for cause?
Whether Appellant was deprived of his right to a fair trial under the United States and Pennsylvania Constitutions by the prosecutor’s accusation in closing argument that defense counsel “insulted” and “excoriated” complainant Zachary Willis and “dragged (him) through [851]*851the mud, in court”, and by implicitly injecting a claim of entitlement to special consideration for the complainant by expressing personal outrage at alleged mistreatment of “victims in my prosecutions, victims in my cases”?

Appellant’s Brief at 2. We will address these issues in the order in which they were presented.

In his first issue, Appellant claims the trial court violated Pa.R.Crim.P. 631 and erred in requiring the parties to exercise peremptory challenges before the exercise of challenges for cause. Because this argument'requires us to interpret a procedural rule, our standard of review is de novo and our scope of review is plenary. Commonwealth v. Dowling, 598 Pa. 611, 616, 959 A.2d 910, 913 (2008). The rule at issue is set forth below:

Examination and Challenges of Trial Jurors
(A) Voir dire of prospective trial jurors and prospective alternate jurors shall be conducted, and the jurors shall be selected, in the presence of a judge, unless the judge’s presence is waived by the attorney for the Commonwealth, the defense attorney, and the defendant, with the judge’s consent.
(B) This oath shall be administered individually or collectively to the prospective jurors:
“You do solemnly swear by Almighty God (or do declare and affirm) that you will answer truthfully all questions that may be put to you concerning your qualifications for service as a juror.”
(C) Voir dire, including the judge’s ruling on all proposed questions, shall be recorded in full unless the recording is waived. The record will be transcribed only upon written request of either party or order of the judge.
(D) Prior to voir dire, each prospective juror shall complete the standard, confidential juror information questionnaire as provided in Rule 632. The judge may require the parties to submit in writing a list of proposed questions to be asked of the jurors regarding their qualifications. The judge may permit the defense and the prosecution to conduct the examination of prospective jurors or the judge may conduct the examination. In the latter event, the judge shall permit the defense and the prosecution to supplement the examination by such further inquiry as the judge deems proper.
(E) In capital cases, the individual voir dire method must be used, unless the defendant waives that alternative. In non-capital cases, the trial judge shall select one of the following alternative methods of voir dire, which shall apply to the selection of both jurors and alternates:
(1) Individual Voir Dire and Challenge System
(a) Voir dire of prospective jurors shall be conducted individually and may be conducted beyond the hearing and presence of other jurors.
(b) Challenges, both peremptory and for cause, shall be exercised alternately, beginning with the attorney for the Commonwealth, until all jurors are chosen. Challenges shall be exercised immediately after the prospective juror is examined. Once accepted by all parties, a prospective juror shall not be removed by peremptory challenge. Without declaring a mistrial, a judge may allow a challenge for cause at any time before the jury begins to deliberate, provided sufficient alternates have been selected, or the defendant consents to be tried by a jury [852]*852of fewer than 12, pursuant to Rule 641.
(2) List System of Challenges
(a) A list of prospective jurors shall be prepared.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Marfisi, E.
Superior Court of Pennsylvania, 2026
Com. v. Clark, S.
Superior Court of Pennsylvania, 2026
Com. v. Rannels, C.
Superior Court of Pennsylvania, 2024
Com. v. Rodriguez-Gonzalez, V.
Superior Court of Pennsylvania, 2023
Com. v. Knight, A.
Superior Court of Pennsylvania, 2022
Com. v. Smith, D.
Superior Court of Pennsylvania, 2021
Com. v. Duson-Carter, A.
Superior Court of Pennsylvania, 2020
Com. v. Spaulding, K.
Superior Court of Pennsylvania, 2020
Com. v. Greer, D.
Superior Court of Pennsylvania, 2020
Com. v. Thomas, D.
Superior Court of Pennsylvania, 2019
Com. v. McEneaney, C.
Superior Court of Pennsylvania, 2019
Com. v. Brooks, J.
Superior Court of Pennsylvania, 2019
Maitland v. Gilmore
M.D. Pennsylvania, 2019
Com. v. Everage, M.
Superior Court of Pennsylvania, 2019
Com. v. Johnson, M.
Superior Court of Pennsylvania, 2019
Com. v. Jordan, N.
Superior Court of Pennsylvania, 2019
Com. v. Schwenk, C.
Superior Court of Pennsylvania, 2019
Com. v. Peralta, J.
Superior Court of Pennsylvania, 2019
Com. v. Robinson, O.
Superior Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
53 A.3d 848, 2012 Pa. Super. 193, 2012 Pa. Super. LEXIS 2504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-noel-pasuperct-2012.