Lewis v. Mazurkiewicz

915 F.2d 106, 1990 WL 136603
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 24, 1990
DocketNo. 90-1015
StatusPublished
Cited by55 cases

This text of 915 F.2d 106 (Lewis v. Mazurkiewicz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Mazurkiewicz, 915 F.2d 106, 1990 WL 136603 (3d Cir. 1990).

Opinion

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from a district court order granting Melvin Lewis’s petition for a writ of habeas corpus. The district court concluded that Lewis’s constitutional right to the effective assistance of counsel was violated by his attorney’s decision not to interview and call a potential witness who could have purportedly bolstered a claim of self-defense and that this decision caused sufficient prejudice to necessitate overturning the conviction. We reverse and hold that petitioner failed to show either that his attorney’s performance was constitutionally defective or that his case was prejudiced.

I.

Lewis was arrested in Philadelphia at the scene of a street fight on a Saturday night in March 1981. He was charged in three separate complaints with attempted murder, aggravated and simple assault, possession of an instrument of crime, and conspiracy. According to the police report,1 three of the participants in the fight, John and Michael Harrigan and John Boland, told the police that Lewis and two other black men had attacked them and that Lewis had stabbed the Harrigans. The arresting officer stated that he saw Lewis with a knife. In addition, the police report showed that a blood stained knife was recovered at the scene and that John Harrigan was treated at a hospital for a scalp laceration that required stitches, as well as stab wounds to the back, side, and both shoulders. The report also showed that Michael Harrigan received hospital treatment for a stab wound of the chest. The Defender Association of Philadelphia was appointed to represent Lewis. After a preliminary hearing, Lewis was bound over for trial.

Represented by an experienced Defender Association attorney, William Stewart, Esq., Lewis stood trial without a jury in July 1981. The prosecution’s first witness, John Harrigan, testified as follows. He, his brother Michael, and John Boland were heading for a midnight movie playing at a theater at Fifteenth and Chestnut Streets when one of a group of three black men made a racial comment. After someone in this group, which included Lewis, made a few more remarks, one of the men accompanying Lewis grabbed John Harrigan and jumped on his back. Meanwhile, John Har-rigan observed Lewis chasing Michael Har-rigan. John Harrigan succeeded in breaking free and chased Lewis. When he eventually reached him, Lewis began striking John Harrigan in the arm. John Harrigan then noticed blood coming through his winter jacket and saw that Lewis had a knife. John Harrigan tried to back off, but Lewis pursued him and slashed him across the head. At this point, the police appeared. John Harrigan was taken to the hospital and received 20 stitches to close his head wound. He also sustained wounds to the back and both arms.

The Commonwealth’s second witness, Michael Harrigan, also stated that he, his brother, and John Boland were headed for a movie when someone in Lewis’s group began making comments. Michael Harri-gan testified that Lewis and his group approached, and “the next thing I remember, they [Lewis and John Harrigan] were fighting on the ground.” Then all of the others jumped in, Michael Harrigan stated. After entering the fight, Michael Harrigan related, he noticed that his shirt was soaked [108]*108with blood, and he fled. On direct examination, Michael Harrigan stated that Lewis had stabbed him, but during cross-examination, Michael admitted that he was not sure who stabbed him.

The Commonwealth’s final witness was the arresting officer, Louis Sgro. Sgro testified that on the night of the fight he was driving an unmarked car when he noticed a large disturbance at the intersection of Fifteenth and Chestnut Streets. Sgro stated that he observed Lewis striking another man on the side of the head and saw blood coming from the man’s head. After noticing that Lewis had a knife, Sgro said, he gave chase. Sgro testified that he identified himself as a police officer, and told Lewis to drop the knife. When Sgro finally caught up with Lewis, he stated, Lewis dropped the knife, and a struggle occurred, but Lewis was eventually subdued. The officer testified that he recovered the knife (a switchblade), which was introduced into evidence, and saw that it was covered with blood.

Lewis’s trial counsel effectively cross-examined the prosecution witnesses, but called no defense witnesses. The court found Lewis not guilty of attempted murder, but guilty of the remaining counts. Lewis was sentenced to concurrent terms of four to ten years imprisonment on the assault and conspiracy charges and five years probation for the weapons offense.

Represented by new counsel, Lewis appealed to the Pennsylvania Superior Court, claiming that trial counsel was ineffective because he failed to interview a potential witness named Walter Miller. According to Miller’s signed statement, which was submitted to the Superior Court, Miller was standing near Fifteenth and Chestnut Streets shortly before midnight on the night of the fight when he observed Lewis and two other black men, as well as a group of three white men. Miller stated that the two groups were yelling at each other but that he could not hear what was said. A few minutes later, he stated, a white man and a black man other than Lewis met in the center of the street and began fighting, but Miller could not tell who started into the street first. Then, according to Miller, the remaining four men began fighting. Miller stated that Lewis was fighting with one of the white men, when one of the black men ran away. According to Miller, the white man who had been fighting with the black man who ran off then began hitting Lewis with a belt buckle. Lewis fled, with two white men chasing him, Miller stated. According to Miller’s statement, at some point in this chase, the police arrived, pursued Lewis, and arrested him. Miller stated that he heard Lewis asking the plainclothes officer for identification. Miller also stated he did not see any weapons during the fight. Miller gave his address as 1349 South Markoe Street.

The Superior Court rejected Lewis’s ineffective assistance claim. Commonwealth v. Lewis, 323 Pa.Super. 618, 470 A.2d 1041 (1984), appeal denied, 106 E.D. Allocatur Docket 1984. Stating that “ineffectiveness may be shown by the failure to call a witness whose testimony would be helpful to the defense,” the court concluded: “In the instant case, ... Miller’s statement provides no support for appellant’s argument that he acted in self-defense.” The court observed that Miller “could not say who started the fight.” The Pennsylvania Supreme Court denied Lewis’s request for allowance of appeal. 106 E.D. Allocatur Docket 1984.

Lewis then filed a federal habeas petition, claiming that his constitutional right to the effective assistance of counsel had been violated by trial counsel’s failure to interview or call Walter Miller. At an evi-dentiary hearing before a United States magistrate, Lewis’s new attorney called trial counsel, William Stewart, Esq., as his sole witness, and Stewart explained the basis for his decision not to interview or call Miller. Stewart testified that Lewis was first interviewed by a representative of the Defender Association, another attorney named Cotter, on the Tuesday following the Saturday night fight. At that time, Lewis gave Cotter an account of the fight. Cotter’s report of Lewis’s statement, as read into the record at the hearing, was as follows:

[109]

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Bluebook (online)
915 F.2d 106, 1990 WL 136603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-mazurkiewicz-ca3-1990.