Commonwealth v. Quarles

456 A.2d 188, 310 Pa. Super. 74, 1983 Pa. Super. LEXIS 2477
CourtSuperior Court of Pennsylvania
DecidedJanuary 28, 1983
Docket2413
StatusPublished
Cited by16 cases

This text of 456 A.2d 188 (Commonwealth v. Quarles) 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. Quarles, 456 A.2d 188, 310 Pa. Super. 74, 1983 Pa. Super. LEXIS 2477 (Pa. Ct. App. 1983).

Opinions

CIRILLO, Judge:

In the instant case, testimony revealed that appellant met with Ivy Crossland, the victim, on April 18, 1979, to discuss an outstanding debt. An argument ensued, appellant walked away from Mr. Crossland, then turned and approached him with a knife, approximately 12 inches in length, and proceeded to slash Mr. Crossland’s neck. Mr. Crossland, wounded, came upon a police car and requested assistance, directing the officers to appellant’s residence. The officers came upon the appellant attempting to throw away the weapon. The officers thwarted appellant’s attempt, and took appellant and weapon into custody.

On September 7, 1979, appellant was found guilty in a nonjury trial of aggravated assault, recklessly endangering another person, and two counts of possessing an instrument of crime. Following the denial of post-trial motions and the imposition of sentence, appellant took this appeal. Because appellant challenged the effectiveness of trial counsel and [77]*77was represented on the appeal by counsel from the same office, we remanded the matter for the appointment of new counsel. Commonwealth v. Quarles, 284 Pa.Super. 473, 426 A.2d 145 (1981). Counsel was appointed, and new briefs were filed. This case is now properly before us.

Appellant contends that trial counsel was ineffective in failing to challenge his jury waiver colloquy in post-trial motions. In reviewing allegations of ineffective assistance of counsel, “our inquiry ceases and counsel’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.” Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604, 235 A.2d 349, 352 (1967). However, “[i]t is only when the claim which was forgone was of arguable merit that we must make an' inquiry into the basis for post-trial counsel’s decision not to pursue the matter.” Commonwealth v. Hubbard, 472 Pa. 259, 278, 372 A.2d 687, 696 (1977). Thus, we must first determine whether appellant’s jury trial waiver was indeed defective.

Before a defendant may waive his right to a jury trial, Pa.R.Crim.P. 1101 requires the judge to ascertain in an on-the-record colloquy whether the waiver is knowing and intelligent. The instant colloquy was as follows:

[Public Defender]: You understand, do you not, [appellant], that under the Constitution and under the law you have an absolute right to a trial by jury? Do you understand that sir?
[Appellant]: I understand.
[Public Defender]: That, of course, means that you and your lawyer would have a right to select from a panel of Philadelphia voters, 12 people to sit on a jury who would be charged with determining whether you were guilty or not guilty. Do you understand that?
[Appellant]: Yes, sir.
[Public Defender]: Before the jury was seated, you would have the right to ask the Court to exclude any panel member because he was biased or prejudiced, and you [78]*78would have the right to have seven panel members excluded simply because you didn’t want them to sit on your jury. Do you understand that?
[Appellant]: Yes.
[Public Defender]: If anyone of those 12 people decided you were not guilty, the case would result in a mistrial and the Commonwealth could try you again. Do you understand that?
[Appellant]: Yes.
[Public Defender]: Now, the Judge, of course, would have to apply the same standards that the jury would have to apply, and the same privileges, rights, regulations, and procedural safeguards that apply in a jury trial also apply in a trial before [the trial court]. Do you understand that?
[Appellant]: Yes.
[Public Defender]: Has anybody forced or threatened or coerced or compelled you in any way to give up your right to a jury trial and have your case submitted to [the trial court] on a waiver?
[Appellant]: No.
[Public Defender]: Are you satisfied with my representation as your lawyer?
[Appellant]: Yes.
[Public Defender]: We’ve discussed this case; had we not?
[Appellant]: Yes.

(N.T. September 7, 1979, at 4-6).

Appellant contends that the colloquy is defective because he was never informed that the jury must find him guilty beyond a reasonable doubt. Before a knowing and intelligent waiver can be made, a defendant must fully comprehend the significance of the right he is waiving. In a jury trial waiver, the defendant must be aware of the “essential protections inherent in a jury trial as well as the consequences attendant upon a relinquishment of those [79]*79safeguards.” Commonwealth v. Morin, 477 Pa. 80, 85, 383 A.2d 832, 834 (1978).

In applying this ratio decidendi to the facts at bar, we fail to see the defect in the lower court’s colloquy. While we wholly agree with the proposition that in a jury waiver colloquy a defendant must be informed of the essential protections in a jury trial as well as the consequences attendant upon a relinquishment of those safeguards, Commonwealth v. Morin, 477 Pa. 80, 383 A.2d 832 (1978), we refuse to find the colloquy in the instant case defective for failing to inform appellant that the jury must find him guilty beyond a reasonable doubt. Therefore, we affirm the judgment of sentence.

By definition, a waiver is a relinquishment of a right or remedy. Under the instant fact pattern, the appellant never relinquished his right to have a factfinder determine his guilt beyond a reasonable doubt. Appellant merely relinquished his right to have a jury as a factfinder as opposed to a judge. The requirement that the Commonwealth convince the factfinder that a defendant is guilty beyond a reasonable doubt is not unique to a jury trial; this is the identical burden of proof that is applied in a bench trial.

In Commonwealth v. Pollard, 288 Pa.Super. 20, 430 A.2d 1192 (1981), this Court by Judge Brosky held that a trial court need not define the term beyond a reasonable doubt in a jury waiver colloquy. The court continued that the only essential ingredients which a defendant must be advised of are that the jury would be chosen from his community, that the verdict would have to be unanimous and that the defendant is allowed to participate in the selection of the jury panel.

Judge Brosky reasoned that the defendant has not waived any rights regarding the burden of proof and, further, that the judge as trier of fact is bound by the same legal principles that bind a jury concerning the burden of proof to be applied, citing Commonwealth v. Henderson, [80]

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

Related

Com. v. Sargent, R.
Superior Court of Pennsylvania, 2021
Com. v. Norris, C.
Superior Court of Pennsylvania, 2018
Com. v. Edens, W.
Superior Court of Pennsylvania, 2017
Commonwealth v. Safka
141 A.3d 1239 (Supreme Court of Pennsylvania, 2016)
Commonwealth v. Gesslein
36 Pa. D. & C.5th 225 (Lehigh County Court of Common Pleas, 2013)
Commonwealth v. Real Property & Improvements at 2338 N. Beechwood Street
65 A.3d 1055 (Commonwealth Court of Pennsylvania, 2013)
Commonwealth v. Stewart
647 A.2d 597 (Superior Court of Pennsylvania, 1994)
Commonwealth v. Golinsky
626 A.2d 1224 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Dunn
623 A.2d 347 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Hayes
596 A.2d 874 (Superior Court of Pennsylvania, 1991)
Commonwealth v. Easley
491 A.2d 868 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Smith
482 A.2d 1124 (Supreme Court of Pennsylvania, 1984)
Commonwealth v. Ponder
471 A.2d 89 (Superior Court of Pennsylvania, 1984)
Commonwealth v. Quarles
456 A.2d 188 (Superior Court of Pennsylvania, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
456 A.2d 188, 310 Pa. Super. 74, 1983 Pa. Super. LEXIS 2477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-quarles-pasuperct-1983.