Commonwealth v. Owens

929 A.2d 1187, 2007 Pa. Super. 213, 2007 Pa. Super. LEXIS 2203
CourtSuperior Court of Pennsylvania
DecidedJuly 17, 2007
StatusPublished
Cited by62 cases

This text of 929 A.2d 1187 (Commonwealth v. Owens) 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. Owens, 929 A.2d 1187, 2007 Pa. Super. 213, 2007 Pa. Super. LEXIS 2203 (Pa. Ct. App. 2007).

Opinions

OPINION BY

STEVENS, J.:

¶ 1 Appellant James Owens appeals a judgment of sentence entered in the Court of Common Pleas of Philadelphia County on February 2, 2005.

¶ 2 On September 20, 2003, Owens and James Vass rammed a car occupied by three men and a five and a half year old child, then showered the car with bullets, narrowly missing its occupants. Owens (the driver) and Vass (the shooter) were arrested, tried together, and convicted for their actions.1 For his convictions for aggravated assault, violation of the Uniform Firearms Act, possession of an instrument of crime, and conspiracy, Owens was sentenced to six to twelve years’ imprisonment.

¶ 3 During the trial, evidence was presented that earlier on the day of the attack which resulted in Owens’ arrest and convictions, he had threatened the men with a shotgun when they attempted to pick up the child for a court-ordered visitation.2 N.T. 11/22/04 at 32, 34, 98. Faced with Owens’ threats, the men left and called the police. Id. at 35. Vass arrived at the scene, and joined Owens on the porch while he was speaking to the police. Id. at 37. The police eventually brought the child out of the house, and he and the three men got in a car and drove away. Id. at 38. Vass and Owens soon caught up with them, however, in a Ford Explorer driven by Owens. Id. at 39, 101. Vass pointed two hand guns at the victims, as Owens swerved the Explorer toward their car. Id. at 39-40, 101-102. As the two vehicles sped down the road, Vass fired several rounds at the victims’ car, shattering a window. Id. at 40-41, 102-103. The victims sped up, and after their attackers turned off, eventually stopped and called the police. Id. at 41.

¶4 Vass and Owens were stopped by police four days later, and the Ford Explorer was impounded. Id. at 184-187. A subsequent search of the vehicle revealed .22 caliber bullets. Id. at 217. Additionally, a search of Owens’ home produced two rifle scopes and a scope mount, shotgun shells, rifle ammunition, handgun ammunition, and a .22 caliber handgun barrel. Id. at 197-200. The handguns used during [1190]*1190the incident in question were never recovered, but Vass was positively identified as the shooter by all three of the adult victims during a later lineup. Id. at 220.

¶ 5 Prior to trial, Owens filed a motion in limine seeking to exclude (1) the ballistics evidence seized on the grounds that it was irrelevant and prejudicial and (2) the testimony of one of the victims. Motion filed 11/15/04; N.T. 11/18/04 at 105, 115. In denying the motion, the trial court found the evidence relevant and not unfairly burdensome. N.T. 11/18/04 at 122-123; Opinion filed 6/30/06 at 5.

¶ 6 Owens first asserts on appeal that the lower court erred in failing to exclude the ballistics evidence recovered from his home and vehicle on the grounds that it was of little probative value and highly prejudicial. Appellant’s brief at 4. This challenges the trial court’s denial of Owens’ motion in limine, and we address such a challenge under the following standard:

When reviewing the denial of a motion in limine, we apply an evidentiary abuse of discretion standard of review. See Commonwealth v. Zugay, 2000 PA Super 15, 745 A.2d 639 (Pa.Super.), appeal denied, 568 Pa. 662, 795 A.2d 976 (Pa.2000) (explaining that because a motion in limine is a procedure for obtaining a ruling on the admissibility of evidence prior to trial, which is similar to a ruling on a motion to suppress evidence, our standard of review of a motion in limine is the same as that of a motion to suppress). The admission of evidence is committed to the sound discretion of the trial court and our review is for an abuse of discretion. See Commonwealth v. Albrecht, 554 Pa. 31, 720 A.2d 693, 704 (Pa.1999) [affirmed in part, vacated in part on other grounds and remanded, 471 F.3d 435 (3d Cir.Pa.2006) ].

Commonwealth v. Mitchell, 588 Pa. 19, 60-61, 902 A.2d 430, 455 (2006). A trial court’s ruling regarding the admissibility of evidence will not be disturbed “unless that ruling reflects ‘manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.’ ” Commonwealth v. Einhorn, 911 A.2d 960, 972 (Pa.Super.2006).

¶ 7 It is black letter law that evidence that is not relevant is not admissible. Pa. R.E. 402; Commonwealth v. Robinson, 554 Pa. 293, 304-305, 721 A.2d 344, 350 (1998) (“The threshold inquiry with admission of evidence is whether the evidence is relevant.”). Pennsylvania Rule of Evidence 401 defines “relevant evidence” as that which has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Pa.R.E. 401. See also Commonwealth v. Edwards, 588 Pa. 151, 181, 903 A.2d 1139, 1156 (2006) (Explaining that evidence is relevant if it logically tends to establish a material fact in the case, tends to make a fact at issue more or less probable or supports a reasonable inference or presumption regarding a material fact).

¶ 8 Relevance does not mean evidence is automatically admissible, however. Such evidence is only admissible where the probative value of the evidence outweighs its prejudicial impact. Robinson, 554 Pa. at 305, 721 A.2d at 350. As a panel of this Court explained in Commonwealth v. Broaster, 863 A.2d 588 (Pa.Super.2004), “[rjelevant evidence may nevertheless be excluded ‘if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.’ ” Broaster, 863 A.2d at 592 (citing Pa.R.E. 403). See also Commonwealth v. DeJesus, 584 Pa. 29, 880 A.2d 608, 614-615 (2005) (“[A] trial court [1191]*1191may exclude even relevant evidence if such evidence poses a danger of unfair prejudice that outweighs its probative value. Pa.R.E. 403; Commonwealth v. Boyle, 498 Pa. 486, 447 A.2d 250, 254 (Pa.1982).”).

Because all relevant Commonwealth evidence is meant to prejudice a defendant, [however] exclusion is limited to evidence so prejudicial that it would inflame the jury to make a decision based upon something other than the legal propositions relevant to the case.

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Cite This Page — Counsel Stack

Bluebook (online)
929 A.2d 1187, 2007 Pa. Super. 213, 2007 Pa. Super. LEXIS 2203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-owens-pasuperct-2007.