Commonwealth v. Wright

78 A.3d 1070, 621 Pa. 446, 2013 WL 5827195, 2013 Pa. LEXIS 2587
CourtSupreme Court of Pennsylvania
DecidedOctober 30, 2013
StatusPublished
Cited by33 cases

This text of 78 A.3d 1070 (Commonwealth v. Wright) 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. Wright, 78 A.3d 1070, 621 Pa. 446, 2013 WL 5827195, 2013 Pa. LEXIS 2587 (Pa. 2013).

Opinions

OPINION

Justice SAYLOR.

In this capital case, the Commonwealth appeals an order finding Appellee incompetent to waive his state post-conviction rights, including his right to counsel.

I. Background

Appellee was sentenced to death for the 1998 murder of James Mowery. While his direct appeal was pending, Appellee filed a pro se habeas corpus petition in federal court, see 42 U.S.C. § 2254, asking that court to direct this Court to either issue a decision within 60 days or release him from custody. The district court appointed the Federal Public Defender for the Western District of Pennsylvania to represent Appellee.1 The habeas matter was stayed pending exhaustion of state remedies.

Although represented, Appellee filed a second pro se document in the federal court, demanding that his direct appeal be discontinued and that he be allowed to proceed immediately to execution. Appel-lee also filed papers reflecting that he wished to discharge counsel due to irreconcilable differences, and that counsel was forbidden to communicate with Appellee. Shortly thereafter, in December 2008, this Court affirmed Appellee’s judgment of sentence. See Commonwealth v. Wright, 599 Pa. 270, 961 A.2d 119 (2008). Appellee then asked the federal district court to supply him with a replacement attorney to assist him in pursuing guilt-phase claims in that forum. The court denied the request, stating that Appellee had not established the existence of an irreconcilable conflict with counsel. Separately, Appellee petitioned the Third Circuit Court of Appeals (again, pro se) for mandamus relief in the [1073]*1073form of an order directing the district court to rule on his pro se filings. In August 2010, the Third Circuit denied the petition without prejudice, retaining jurisdiction and instructing the district court to determine whether Appellee was competent to waive counsel.

Meanwhile, on or about the last day of the one-year period for filing a petition under Pennsylvania’s Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546, counsel filed in the county court a petition on Appellee’s behalf, albeit without a verification as required. See Pa. R.Crim.P. 902(A)(14).2 The Commonwealth moved to strike the petition for lack of a verification, and the court issued a rule to show cause why the motion should not be granted. Counsel responded that Appellee had refused all consultations and may be incompetent to waive his post-conviction rights, including his right to counsel. Thus, counsel sought permission to pursue the litigation through relatives of Appellee as next friends.3

A hearing on the motion was held in October 2010. Appellee participated by videoconference and confirmed that he had declined all visits and phone calls with counsel, and had returned all mail from their office unopened. In this regard, Ap-pellee asserted that: he wished to represent himself; the PCRA petition had been filed against his will and should not have been filed; he had discharged counsel two years earlier during the proceedings in federal court; he did not wish to “have anything to do with” counsel; and counsel were using the competency issue solely to avoid being discharged. See N.T., Oct. 15, 2010, at 8-14, 21, 27. The Commonwealth concurred with Appellee that the PCRA petition should not have been filed, but it agreed that the petition should not be stricken until Appellee’s competence could be judicially established. See id. at 20. For their part, counsel asked the court to deny the motion to strike on procedural grounds, since they should be given an opportunity to cure any defect through amendment. See id. at 29.

At the conclusion of the hearing, the PCRA court entered an order continuing the matter on its own motion until it could confer with the federal district court concerning the appropriate path forward. With the competency issue now pending in both state and federal courts, the Third Circuit directed the federal district court to stay all proceedings to allow the state court to rule on Appellee’s competence.

The PCRA court (per the same judge as presided at trial) appointed psychiatrist Dr. Hansa Shah and psychologist Dr. Gail Vant Zelfde, both of Norristown State Hospital, to perform an evaluation to determine Appellee’s competence. In April 2011, these experts conducted a 2.5-hour clinical examination of Appellee and is[1074]*1074sued a report based solely on that examination,4 opining that Appellee understood the reasons for his death sentence and its implications, and that he was competent to discharge counsel and waive his post-conviction rights. At a June 2011 eviden-tiary hearing, Attorney Ñolas cross-examined the experts and called his own expert witness, who suggested that the court’s experts lacked an adequate foundation for their opinions because they had not reviewed Appellee’s extensive medical and court records.5 The Commonwealth also cross-examined the experts, as did Appel-lee, acting pro se.6

Thereafter, at the court’s direction, Drs. Shah and Vant Zelfde conducted a thorough records review of Appellee’s mental-health history (6,000 pages in all), and sought to re-interview him. Appellee refused to be interviewed a second time, however, alleging in a letter to the PCRA court that the experts had become “contaminated” by the federal defenders and their experts, and that any further interview would be used against him. In October 2011, Drs. Shah and Vant Zelfde issued an addendum to their original report, stating that, upon review of Appellee’s records, they were no longer confident in them initial opinion concerning Appellee’s competence.

Three months later, in January 2012, the court resumed its evidentiary hearing in a two-day proceeding at which Drs. Shah and Vant Zelfde were the only witnesses. Having undertaken the records review, Dr. Vant Zelfde testified that Appellee displayed cognitive rigidity, paranoid idea-tions, and personality disorders. She stated that some of these traits were evident from Appellee’s voluminous and highly detailed writings such as those reflected in his numerous prison grievances, as well as his history of dismissing professionals who could be of assistance to him. Overall, she indicated that, in light of Appellee’s documented history, her observations of Appel-lee during the June 2011 proceeding, and Appellee’s refusal to be re-interviewed on the grounds of an imagined conspiracy, Appellee was severely impaired in his decision-making and, within a reasonable degree of psychological certainty, he was incompetent to make a knowing, intelligent, and voluntary decision to waive counsel. Dr. Vant Zelfde clarified, however, that she was not speaking of incompetence in a legal sense, but only in a psychological sense. See N.T., Jan. 17, 2012 (day session), at 41, 111, 159; N.T., Jan. 17, 2012 (evening session), at 20. See generally Holmes v. Buss, 506 F.3d 576, 581 (7th Cir.2007) (delineating the difference be[1075]*1075tween psychological and legal competence). As to legal competence, Dr. Vant Zelfde indicated only that she would continue to endorse the language contained in the October 2011 addendum reflecting that she and Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
78 A.3d 1070, 621 Pa. 446, 2013 WL 5827195, 2013 Pa. LEXIS 2587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wright-pa-2013.