Commonwealth v. Wilkerson

459 A.2d 1280, 313 Pa. Super. 380, 1983 Pa. Super. LEXIS 2978
CourtSuperior Court of Pennsylvania
DecidedApril 29, 1983
DocketNo. 112
StatusPublished

This text of 459 A.2d 1280 (Commonwealth v. Wilkerson) 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. Wilkerson, 459 A.2d 1280, 313 Pa. Super. 380, 1983 Pa. Super. LEXIS 2978 (Pa. Ct. App. 1983).

Opinion

WICKERSHAM, Judge:

This procedurally tangled case arises out of Haywood Wilkerson’s challenge to his conviction of voluntary manslaughter and other offenses. On March 4, 1978, Wilkerson was arrested and charged with criminal homicide, aggravated assault, attempted murder and unlawful carrying of a firearm. The case against Wilkerson was tried to the Honorable William W. Caldwell and a jury; he was found guilty of voluntary manslaughter, carrying a firearm without a license and aggravated assault.

No post-trial motions were filed on Wilkerson’s behalf and on August 24, 1978, Wilkerson was sentenced to an aggregate term of ten to twenty years imprisonment. Wilkerson filed a pro se petition for modification of sentence nunc pro tunc; this petition was denied on Septem[384]*384ber 21, 1978. Next, Wilkerson filed a pro se petition under the Post Conviction Hearing Act. Counsel was appointed for Wilkerson and counsel’s amended PCHA petition was denied without a hearing. From this decision an appeal was taken to the Pennsylvania Supreme Court, the case is Commonwealth v. Wilkerson, 490 Pa. 296, 416 A.2d 477 (1980).

In an opinion by then Chief Justice Eagen the court reversed and remanded. The court noted that Wilkerson’s claim for post conviction relief was based on alleged ineffectiveness of trial counsel; the allegations of ineffectiveness included counsel’s failure to file post-verdict motions and an appeal. The denial of PCHA relief was reversed because trial counsel failed to protect Wilkerson’s appeal rights and because Wilkerson’s allegations of ineffectiveness required a hearing.

On November 25, 1980, Wilkerson’s nunc pro tunc motions for a new trial and in arrest of judgment were filed. A hearing on post-trial motions was held on February 5, 1981 before Judge Caldwell. Testimony was taken at the hearing from trial counsel and Wilkerson concerning counsel’s conduct of the trial and post-trial proceedings.

Judge Caldwell denied Wilkerson’s post-trial motions on March 26, 1981 and reinstated Wilkerson’s original sentence. Wilkerson filed a timely notice of appeal.

The facts underlying Wilkerson’s convictions may be summarized as follows. At trial, an officer of the Harrisburg Police Department testified that on March 4, 1978 he responded to a call and found two victims of a shooting; the victims were Robert Bruton and Neil Bruton. Haywood Wilkerson was taken into custody and given Miranda warnings. Despite being warned of his right to remain silent, Wilkerson told the police that he shot the two victims after he had been struck in the face. The officer further testified that he went to the hospital with the victims and that the victims had no weapons of any kind. Neil Bruton died at the hospital although Robert Bruton survived his wounds.

[385]*385According to the testimony of an eyewitness to the events, Haywood Wilkerson shot the Brutons in the course of an argument over a small debt Wilkerson owed Robert Bruton. The witness stated that Wilkerson turned, walked four feet away, turned around again and fired a gun at the Brutons. Another witness testified that Robert Bruton cursed Wilkerson and slapped him in the face twice. Robert Bruton said that he slapped Wilkerson once.

Haywood Wilkerson took the stand and gave evidence on his own behalf. Wilkerson told the jury that he shot the Brutons after Robert Bruton slapped him twice. Wilkerson believed that the Brutons were going to strike him again. Another eyewitness to the events said that the three men (Wilkerson and the Brutons) appeared to be fighting.

All of Wilkerson’s contentions on this appeal are couched in terms of the ineffectiveness of trial counsel. Accordingly, we will reiterate the standard of review employed in ineffectiveness cases before addressing Wilkerson’s specific claims. The applicable standard of review was recently summarized in Commonwealth v. McKnight, 311 Pa.Super. 460, 457 A.2d 1272 (1983):

This court, in determining whether a criminal defendant was afforded effective assistance of counsel, will make an independent review of the record, Commonwealth v. Stadler, 262 Pa.Super. 166, 396 A.2d 697 (1978), and an examination of counsel’s stewardship of the now challenged proceedings in light of the available alternatives. Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967); Commonwealth v. Gray, 297 Pa.Super. 123, 443 A.2d 330 (1982). Counsel will be deemed effective if this court determines that the course of action chosen by counsel had some reasonable basis designed to effectuate his client’s interest. Commonwealth ex rel. Washington v. Maroney, supra; Commonwealth v. Johnson, 280 Pa.Super. 309, 421 A.2d 737 (1980). However, it is only when the claim is of arguable merit that we must make an inquiry into the basis for [386]*386counsel’s decision not to pursue the matter. Commonwealth v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977).

Id., 311 Pa.Superior at 464-65, 457 A.2d at 1275.

With the above stated principles in mind we consider whether Wilkerson was denied effective assistance of counsel because trial counsel did not file a motion to suppress statements Wilkerson made to the police. Wilkerson argues that any waiver of Miranda rights was invalid and that trial counsel should have filed a suppression motion.

At the time of Wilkerson’s trial the rule on Miranda waiver was explained by Justice Manderino’s plurality opinion in Commonwealth v. Walker, 470 Pa. 534, 368 A.2d 1284 (1977). Under the guidance provided by Walker the question was whether a defendant’s waiver of Miranda rights was a product of a free and uncoerced decision and whether the waiver was knowing and intelligent. Wilkerson now contends that no testimony was taken about the circumstances surrounding his statements and that he was agitated and possibly intoxicated when the statements were made.

A review of the trial transcript indicates that there was testimony as to Wilkerson’s condition when he was given his Miranda rights. A Harrisburg police officer testified that Wilkerson was apprehended walking away from the crime scene and ordered into a police car where his rights were explained to him. Wilkerson then said that he had shot the victims and that he would shoot again if he were hit. The officer also stated that Wilkerson was excited and angry but in control of his faculties. Wilkerson himself testified that he was not drunk on the morning of the crime.

Examination of the record shows that Wilkerson freely spoke to the police.

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Related

Commonwealth v. Saunders
331 A.2d 193 (Supreme Court of Pennsylvania, 1975)
Commonwealth v. Hubbard
372 A.2d 687 (Supreme Court of Pennsylvania, 1977)
Commonwealth Ex Rel. Washington v. Maroney
235 A.2d 349 (Supreme Court of Pennsylvania, 1967)
Commonwealth v. McKnight
457 A.2d 1272 (Superior Court of Pennsylvania, 1983)
Commonwealth v. Wilkerson
416 A.2d 477 (Supreme Court of Pennsylvania, 1980)
Commonwealth v. Rose
401 A.2d 1148 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Johnson
421 A.2d 737 (Superior Court of Pennsylvania, 1980)
Commonwealth v. Walker
368 A.2d 1284 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Strader
396 A.2d 697 (Superior Court of Pennsylvania, 1978)
Commonwealth v. Gray
443 A.2d 330 (Superior Court of Pennsylvania, 1982)

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Bluebook (online)
459 A.2d 1280, 313 Pa. Super. 380, 1983 Pa. Super. LEXIS 2978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wilkerson-pasuperct-1983.