Opinion

Com. v. McFarland, M.

Court
Superior Court of Pennsylvania
Filed
May 23, 2017
Status
Unpublished
Cited by
0 cases
Authority
More cited than 3.7%

The opinion

J-S27022-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

v. :

:

:

MATTHEW E. MCFARLAND :

:

Appellant : No. 2200 EDA 2016

Appeal from the Judgment of Sentence February 2, 2016

In the Court of Common Pleas of Chester County

Criminal Division at No(s): CP-15-CR-0004070-2014

BEFORE: GANTMAN, P.J., OTT, J. and PLATT, J.*

MEMORANDUM BY OTT, J.: FILED MAY 23, 2017

Matthew E. McFarland appeals from the judgment of sentence imposed

on February 2, 2016, in the Court of Common Pleas of Chester County. A

jury found McFarland guilty of sale or transfer of firearms – materially false

written statement during a firearm purchase, and unsworn falsification to

authorities.1 The trial court sentenced McFarland to an aggregate term of 5

years’ probation. McFarland claims (1) the verdicts were against the weight

of the evidence, (2) the trial court erred in admitting evidence regarding his

involuntary commitment, and (3) the trial court erred in admitting evidence

____________________________________________

*

Retired Senior Judge assigned to the Superior Court.

1

18 Pa.C.S. §§ 6111(g)(4)(ii) and 4904(a)(1), respectively.

J-S27022-17

regarding subsequent inpatient treatment.2 Based upon the following, we

affirm.

The trial court’s opinion fully reviews the evidence presented at trial.

See Trial Court Opinion, 8/30/2016, at 2–53. Therefore, by way of

background, we simply recite the following synopsis:

The majority of the facts in this case were not in dispute. In

2001, [McFarland] was in a serious car accident and suffered

traumatic brain injury. In 2003, [McFarland] was involuntarily

committed pursuant to sections 302 and 303 [of the

Pennsylvania Mental Health Procedures Act, 50 P.S. §§ 7302 and

7303]. In 2014, [McFarland] went to a gun shop, picked out a

handgun, provided his driver’s license and filled out the two

required forms. [McFarland] answered “no” to the question

about being involuntarily committed and [McFarland] verified

that his answers were true on the form. [McFarland’s]

application was rejected due to his involuntary commitment.

The only question in dispute is whether [McFarland] knew about

his involuntary commitment and had the requisite intent to lie on

the forms.

Trial Court Opinion, 8/30/2016, at 56.

McFarland first asserts the verdicts were against the weight of the

evidence.3

____________________________________________

2

McFarland preserved the issues raised on appeal by timely complying with

the order of the trial court to file a Pa.R.A.P. 1925(b) statement of errors

complained of on appeal. See McFarland’s Concise Statement, 7/18/2016.

3

McFarland’s weight claim was raised in a post-sentence motion, which was

denied by the trial court on June 1, 2016. See McFarland’s Motion for Post-

Trial Relief, 2/11/2016. See also Pa.R.Crim.P. 607(A) (“A claim that the

verdict was against the weight of the evidence shall be raised with the trial

judge in a motion for a new trial[.]”).

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A weight of the evidence claim concedes that the evidence is

sufficient to sustain the verdict, but seeks a new trial on the

ground that the evidence was so one-sided or so weighted in

favor of acquittal that a guilty verdict shocks one’s sense of

justice.

Commonwealth v. Lyons, 79 A.3d 1053, 1067 (Pa. 2013).

The Pennsylvania Supreme Court has reiterated the proper standard of

review of a weight claim as follows:

A motion for a new trial based on a claim that the verdict is

against the weight of the evidence is addressed to the

discretion of the trial court. A new trial should not be granted

because of a mere conflict in the testimony or because the judge

on the same facts would have arrived at a different conclusion.

Rather, “the role of the trial judge is to determine that

‘notwithstanding all the facts, certain facts are so clearly of

greater weight that to ignore them or to give them equal weight

with all the facts is to deny justice.’” It has often been stated

that “a new trial should be awarded when the jury’s verdict is so

contrary to the evidence as to shock one’s sense of justice and

the award of a new trial is imperative so that right may be given

another opportunity to prevail.”

An appellate court’s standard of review when presented with a

weight of the evidence claim is distinct from the standard of

review applied by the trial court:

Appellate review of a weight claim is a review of the

exercise of discretion, not of the underlying question of

whether the verdict is against the weight of the evidence.

Because the trial judge has had the opportunity to hear

and see the evidence presented, an appellate court will

give the gravest consideration to the findings and reasons

advanced by the trial judge when reviewing a trial court's

determination that the verdict is against the weight of the

evidence. One of the least assailable reasons for granting

or denying a new trial is the lower court’s conviction that

the verdict was or was not against the weight of the

evidence and that a new trial should be granted in the

interest of justice.

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This does not mean that the exercise of discretion by the trial

court in granting or denying a motion for a new trial based on a

challenge to the weight of the evidence is unfettered. In

describing the limits of a trial court’s discretion, we have

explained:

The term “discretion” imports the exercise of judgment,

wisdom and skill so as to reach a dispassionate

conclusion within the framework of the law, and is not

exercised for the purpose of giving effect to the will of the

judge. Discretion must be exercised on the foundation of

reason, as opposed to prejudice, personal motivations,

caprice or arbitrary actions. Discretion is abused where

the course pursued represents not merely an error of

judgment, but where the judgment is manifestly

unreasonable or where the law is not applied or where

the record shows that the action is a result of partiality,

prejudice, bias or ill-will.

Commonwealth v. Clay, 64 A.3d 1049, 1054-1055 (Pa. 2013) (citations

omitted) (emphasis in original).

“In order for an appellant to prevail on a challenge to the weight of the

evidence, ‘the evidence must be so tenuous, vague and uncertain that the

verdict shocks the conscience of the court.’” Commonwealth v. Mucci, 143

A.3d 399, 411 (Pa. Super. 2016) (citation omitted).

McFarland was convicted pursuant to Section 6111(g)(4)(ii) of the

Crimes Code, which provides:

(4) Any person, purchaser or transferee commits a felony of the

third degree if, in connection with the purchase, delivery or

transfer of a firearm under this chapter, he knowingly and

intentionally: …

(ii) makes any materially false written statement,

including a statement on any form promulgated by

federal or State agencies[.]

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18 Pa.C.S. § 6111(g)(4)(ii). In addition, McFarland was convicted pursuant

to Section 4904(a)(1), which states:

(a) In general. — A person commits a misdemeanor of the

second degree if, with intent to mislead a public servant in

performing his official function, he:

(1) makes any written false statement which he does not

believe to be true[.]

18 Pa.C.S. § 4904(a)(1).

The trial judge, the Honorable Phyllis R. Streitel, rejected McFarland’s

weight challenge, explaining:

After review of the evidence as set forth above, this court

unequivocally determines that the guilty verdict of these charges

is not against the weight of the evidence. To the contrary, the

evidence strongly supports the verdict. The verdict is not

contrary to the evidence as to shock one’s sense of justice.

****

The only question in dispute is whether [McFarland] knew about

his involuntary commitment and had the requisite intent to lie on

the forms. This court examined all of the evidence as

summarized above and does not find that certain facts are so

clearly of greater weight that to ignore them or give them equal

weight with all the facts is to deny justice. [McFarland] clearly

would like the court to give greater weight to the extensive

evidence of his brain injury and lack of memory, but doing so

would deny justice.

[McFarland’s] accident, brain injury and subsequent change to

his path of life are certainly tragic. However, the evidence

presented that he has no knowledge of the involuntary

commitment and has never been told about it in the

approximately eleven years after the hospitalization is just not

credible. This court spent a great deal of time summarizing and

digesting all the evidence presented and determines that the

guilty verdict of these charges is not against the weight of the

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evidence. For the above listed reasons, [McFarland] is not

entitled to a new trial.

Trial Court Opinion, 8/30/2016, at 56–57 (emphasis added).

McFarland asserts that he presented evidence that he suffered a near

fatal, traumatic brain injury following a motor vehicle accident in 2001, and

in this regard, he relies on the testimony of his expert witness, Dr. Carol

Armstrong. Dr. Armstrong, who was qualified as an expert in the field of

neuropsychology, testified that in her expert opinion to a reasonable degree

of neuropsychological certainty, based upon her extensive testing of

McFarland, review of his hospital records, and lengthy interview with him, he

could not have recalled the involuntary commitment. McFarland also points

out that he himself testified that he did not know of the involuntary

commitment when he filled out the application, and that he would not have

intentionally lied to get a gun knowing there would be a background check in

connection with the purchase. See McFarland’s Brief at 32.

McFarland claims the Commonwealth did not offer any evidence to

rebut the nature of his injuries or his inability to form and recall memories.

He argues the only evidence offered by the Commonwealth regarding his

knowledge and intent came from Detective Sergeant Patricia Doyle, who

testified that when she interviewed McFarland as to why he answered “no” to

the involuntary commitment question, he told her he thought the question

referred to the past year. McFarland asserts that because Detective Doyle

did not memorialize this aspect of her conversation with him in her

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contemporaneous police report, and because this trial testimony was

presented a year after the interview, “Det. Sgt. Doyle’s recollection should

not have been relied upon.” McFarland’s Brief at 33.

McFarland’s argument fails, however, because he is challenging the

credibility of Detective Doyle, which is not for this Court to assess or

reweigh. See Commonwealth v. Sanchez, 36 A.3d 24, 39 (Pa. 2011)

(citations omitted) (“On appeal, this Court cannot substitute its judgment for

that of the jury on issues of credibility, or that of the trial judge respecting

weight. Our review is limited to determining whether the trial court abused

its discretion; the Court’s role precludes any de novo consideration of the

underlying weight question.”). In this case, the jury apparently chose to

believe Detective Doyle, and not the testimony of Dr. Armstrong and

McFarland that McFarland did not know of his involuntary commitment when

he filled out the application. The trial court, in assessing the weight of the

evidence, applied the correct standard for a weight claim (“when the …

verdict is so contrary to the evidence as to shock one’s sense of justice”),

made detailed, comprehensive findings of fact regarding the testimony

presented at trial,4 and determined the jury’s verdict was consistent with the

evidence. Trial Court Opinion, 8/30/2016, at 55. Based on our review, we

____________________________________________

4

The trial court summarized the testimony presented at trial in “Findings of

Fact” that spanned over 50 pages of its 68-page opinion. See Trial Court

Opinion, 8/30/2016.

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find no abuse of discretion by the trial court in rejecting McFarland’s weight

challenge. Accordingly, McFarland’s claim that the verdicts were against the

weight of the evidence warrants no relief.

In his next issue, McFarland contends the trial court erred in admitting

evidence regarding the underlying reason for his involuntary commitment

because such evidence was prejudicial.

McFarland maintains the relevant issue in this case is whether he

remembered the involuntary commitment of 2003 when he was filling out

the applications in 2014, and asserts the trial court erred in allowing

evidence of his aggression toward his brother as the underlying issue for his

involuntary commitment because such evidence was prejudicial. See

McFarland’s Brief at 38. McFarland contends the trial court misapplied the

legal standard set out in Pennsylvania Rule of Evidence 403, which provides:

The court may exclude relevant evidence if its probative value is

outweighed by a danger of one or more of the following: unfair

prejudice, confusing the issues, misleading the jury, undue

delay, wasting time, or needlessly presenting cumulative

evidence.

Pa.R.E. 403.

McFarland recognizes “the Commonwealth’s argument seeking

admission of [McFarland’s] aggression as the underlying reason of the

involuntary commitment was that if the involuntary commitment was

repeatedly raised through family discussions or provided in medical history

to various facilities to treatment purposes, [McFarland] would be more likely

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to have a memory of it.” McFarland’s Brief, at 36. However, McFarland

claims the trial court, in “allowing evidence of [McFarland’s] aggression

towards his brother as the underlying issue for his involuntary commitment

certainly created a ‘danger’ of unfair prejudice and confusion of issues before

the jury.” Id. at 38.

McFarland asserts “[t]he mixture of violence and aggression with

psychiatric issues and an attempt to obtain a firearm is highly

inflammatory.” Id. He also contends the evidence created a danger of

confusion in that the jury would be focused on whether the jury wanted an

individual with a history of aggression and psychiatric issues to own a gun,

rather than the issue before the jury of whether he intentionally supplied a

false statement or was unable to recall the involuntary commitment. See

id.

It is well settled that the admission of evidence

rests within the sound discretion of the trial court, and therefore,

we “will reverse [the] trial court’s decision . . . only if the

appellant sustains the ‘heavy burden’ to show that the trial court

has abused its discretion.” Commonwealth v. Bryant, 620 Pa.

218, 67 A.3d 716, 726 (Pa. 2013) (citations omitted). …

It is not sufficient to persuade the appellate court that it

might have reached a different conclusion[;] it is

necessary to show an actual abuse of the discretionary

power. An abuse of discretion will not be found based on

a mere error of judgment, but rather exists where the

court has reached a conclusion [that] overrides or

misapplies the law, or where the judgment exercised is

manifestly unreasonable, or the result of partiality,

prejudice, bias or ill-will.

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Id. (alteration in original) (citation and internal quotation marks

omitted).

Only relevant evidence is admissible at trial. Pa.R.E. 402.

Evidence is relevant if it tends to make a material fact more or

less probable than it would be without the evidence. Id., 401.

Even if relevant, however, evidence may be excluded “if its

probative value is outweighed by unfair prejudice, confusing the

issues, misleading the jury, undue delay, wasting time, or

needlessly presenting cumulative evidence.” Id., 403.

Commonwealth v. Christine, 125 A.3d 394, 398 (Pa. 2015).

Having reviewed the record, we are not persuaded by McFarland’s

argument. Rather, we are satisfied that the trial court’s ruling was a proper

exercise of discretion. Moreover, Judge Streitel has presented a sound

analysis of the admissibility of the underlying reason for McFarland’s

involuntary commitment and, therefore, we simply reiterate:

The above evidentiary ruling was taken into account when the

witnesses were questioned and testified. Out of the six witnesses

presented at trial, only two were questioned with regard to this

issue. Mr. [Joshua] Wa[r]field testified that the basis for the

request for [McFarland’s] commitment was listed as clear and

present danger to himself and others. (N.T., 9/28/15, pgs. 103-

104). He did not divulge the underlying reasons Ms. [Tracy]

Stairs [McFarland’s mother] requested the commitment.

At trial, Ms. Stairs was questioned briefly by the Commonwealth

about this as follows:

Q And am I also correct that part of that commitment,

one of the reasons that you sought to have him committed

to the hospital it involved his ongoing anger issues,

correct?

A Correct.

Q That he was angry a lot?

A Yes.

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Q An[d] specifically, he was committed because he was

angry and acting aggressively towards his brother?

…

A Yes.

(N.T., 9/30/16, p. 31).

Thereafter, defense counsel brought the issue up again when

questioning Ms. Stairs as follows: “And we talked a little bit on

cross-examination you talked to Miss Cardamone [the

Commonwealth’s attorney] about the reason Matthew was

committed back in 2003 and the issues he was having at that

time. As you know Matthew today are those types of anger

issues a problem for him anymore?” (N.T., 9/30/16, p. 46). Ms.

Stairs responded, “No.”

That was the extent of the testimony with regard to the reasons

[McFarland] was involuntarily committed. It is clear that this

evidence is relevant to assist the jury in deciding the

truthfulness of the defense witnesses’ claim that the

hospitalization was never discussed in all the years after

its occurrence, either among themselves or in

[McFarland’s] subsequent treatment. It was very limited

in scope and sanitized to not include anything

inflammatory, such as [McFarland’s] homicidal ideation at

the time.

The testimony about this subject was extremely brief. Its

probative value far outweighed any prejudicial effect. Its

admission was not the result of manifest unreasonableness,

partiality, prejudice, bias, or ill-will. This brief evidence was

properly admitted and [McFarland’s] issue on appeal is without

merit.

Trial Court Opinion, 8/30/2016, at 64–65 (emphasis supplied).

Accordingly, because we find the trial court’s ruling does not constitute

an abuse of discretion, we reject McFarland’s claim that the trial court erred

in admitting the evidence of the underlying reason for his involuntary

commitment.

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Lastly, McFarland claims the trial court erred “in allowing evidence

referencing [his] voluntary inpatient treatment at Malvern Institute, a known

drug and alcohol treatment facility, by instructing the Commonwealth to

refer to the treatment as that to address ‘other issues.’” McFarland’s Brief

at 39. McFarland asserts this evidence of “other issues” was prejudicial and

should not have been allowed pursuant to P.R.E. 404(b).

Rule 404(b) provides, in relevant part:

(1) Prohibited Uses. Evidence of a crime, wrong, or other act

is not admissible to prove a person’s character in order to

show that on a particular occasion the person acted in

accordance with the character.

(2) Permitted Uses. This evidence may be admissible for

another purpose, such as proving motive, opportunity,

intent, preparation, plan, knowledge, identity, absence of

mistake, or lack of accident. In a criminal case this

evidence is admissible only if the probative value of the

evidence outweighs its potential for unfair prejudice.

Pa.R.E. 404(b)(1)–(2).

McFarland contends “[t]he probative value of whether [he] possibly

remembered being involuntarily committed by possibly supplying this

information by way of medical history to the voluntary inpatient treatment

program he attended at Malvern Institute was certainly outweighed by a

potential that this addiction information or information of the treatment of

‘other issues’ (other than psychiatric and aggressive issues) would create an

unfair prejudice.” McFarland’s Brief at 40. McFarland argues that if the jury

knew Malvern Institute was a drug and alcohol treatment facility, this

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information was unfairly prejudicial to him. He further argues that if the jury

did not know what type of facility Malvern Institute was, the jury did know

he voluntarily admitted himself inpatient to a treatment facility, which would

indicate (1) that he had a severe problem since inpatient treatment was

sought, (2) that he was admitting that he had a problem since it was a

voluntary commitment, and (3) that he was struggling with issues other

than psychiatric and aggression issues. See id. at 40–41.

The trial court rejected this claim, explaining that the reference to

“other issues” did not cause undue prejudice to McFarland:

We now turn to [McFarland’s] final argument on appeal that

“[t]he trial court erred in allowing evidence referencing

[McFarland’s] voluntary inpatient treatment at Malvern Institute,

a known drug and alcohol treatment facility, by instructing the

Commonwealth to refer to the treatment as that to address

‘other issues’. Such evidence was prejudicial and should not

have been allowed pursuant to Pa.R.E. 404(b).”

A discussion between the court and counsel regarding the

Malvern Institute was first addressed in argument outside the

hearing of the jury in the context of the expert witness and

[McFarland’s] medical history. See N.T., 9/29/15, pgs. 80 and

83-84). In addition, [McFarland] was briefly questioned about it

as follows:

Q Did you ever go to Malvern Institute?

A I think so.

Q And did you ever do outpatient therapy?

A Where?

Q Connected to Malvern Institute?

A I don't know.

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(N.T., 9/29/15, p. 256).

However, the testimony reference to the Malvern Institute to

which [McFarland] objects on appeal occurred during the

questioning of Ms. Stairs [McFarland’s mother]. The following

question, objection and sidebar took place:

Q There were times that he went into an inpatient

treatment program for issues that he was dealing with,

correct?

MS. WALKER [MCFARLAND’S COUNSEL]: Objection, Your

Honor. Not sure where that foundation for that question

is laid. She is referring to inpatient involuntary treatment.

MS. CARDAMONE [COMMONWEALTH’s COUNSEL]: I’m

referring to the Malvern Institute.

MS. WALKER: That has nothing to do with the psychiatric

issue.

THE COURT: Well, I’m not asking for your testimony. I’ll

see you both at sidebar.

(SIDEBAR RECORDED)

THE COURT: Now what is going on?

MS. WALKER: Malvern Institute was drug treatment that

he did or alcohol. That is an inpatient treatment

voluntarily for alcoholics. It’s not relevant to anything.

MS. CARDAMONE: Your Honor, again, it is because that

gentleman that has consistently since 2002 been dealing

with psychological issues and emotional consequences of

his accident. I’m sanitizing it by not specifically eliciting

drugs and alcohol. But there is no way in that they don’t

discuss things like involuntary hospitalization in the

course of his help.

You don’t think that is going to come up in a counseling

session? You don’t think they are going to talk about

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medical history? It’s not as if the kid got out of the

hospital and never had treatment.

THE COURT: These are people from Chester County.

Some people out there know that Malvern Institute is for

drugs and alcohol.

MS. CARDAMONE: I’m trying to strike – I’m being careful

in law and in fairness.

THE COURT: Did he go inpatient?

MS. CARDAMONE: Yes.

MS. WALKER: Why is it so important to the jury? He

went to other inpatient treatments. They are going to

think this is involuntary treatment.

MS. CARDAMONE: He voluntarily went to inpatient drug

and alcohol treatment.

THE COURT: We don’t know. I don’t want to get into

drug and alcohol.

MS. CARDAMONE: I think I’m trying to keep that out but

this is relevant.

THE COURT: But here’s the thing, if he went in

something other than that would be misleading. And if we

say he went in for drugs and alcohol it’s not relevant and

it has a negative connotation.

MS. CARDAMONE: My argument it is relevant because in

2015 common sense is telling you you’re going to be

talking about issues and talking about things that you feel

wrong about, things that happen to you: You’re certainly

going to be talking to a counselor about your psychiatric

history. That conversation is going to include whether or

not you went to the hospital.

THE COURT: I think we’re making a lot of assumptions to

get to that point.

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MS. CARDAMONE: It’s common sense if they are

reasonable inferences to make. I don’t believe I’m

forbidden from making those inferences because it might

make the defendant look bad. These are the facts of our

case and they are relevant facts.

MS. WALKER: She [apparently referring to Ms. Stairs,

McFarland’s mother] wasn’t in Malvern Institute.

THE COURT: Why don’t we do this. You can establish

that he went to a facility for inpatient treatment for

collateral issues.

MS. CARDAMONE: I think that is exactly what I did. He

went to Malvern to deal with some of his issues.

THE COURT: I don’t want to get the name in again.

Didn’t he go to another facility for treatment of the

collateral issues?

MS. WALKER: Can we also make it clear that it was not

beyond them to –

THE COURT: He voluntarily went to another facility. How

long was he there?

MS. CARDAMONE: I don’t know.

MS. WALKER: Nobody knows. He doesn’t know.

THE COURT: When was it?

MS. WALKER: Nobody knows. That is why this is –

MS. CARDAMONE: She may know.

THE COURT: He voluntarily went to inpatient to a facility

to address collateral issues. I’ll allow that. You can ask

her a couple times if she remembers this, where was it,

was it in Chester County. If she seems confused the

facility in Chester County would be your follow-up.

MS. WALKER: I’m a little confused. She is not going to

understand the whole collateral issue.

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MS. CARDAMONE: That is why –

THE COURT: Okay. Okay. It’s okay to address other

issues. How is that?

MS. WALKER: I want to make sure they are not

confusing it with inpatient treatment that means we don’t

need to get into the facts that he is there for alcohol.

THE COURT: We have a cardiac thoracic surgeon in the

group. I think someone like that will probably open his

mouth.

MS. WALKER: There is an RN on there as well. She’ll

understand too.

THE COURT: Okay. You can get into that. Try to avoid

the name Malvern. Twelve people, someone has to have

a relative who has been there. Everything I heard so far

is heartbreaking and I’m just like - I'm just like the

fifteenth juror just trying to spend the morning in a

truthful way. All right.

(N.T., 9/30/15, pgs. 37-42).

Thereafter, Ms. Stairs answered the questions as follows:

Q Since he got out of the hospital in 2003 ever since

that time he had ongoing psychiatric counseling, correct?

A Yes, he has had ongoing counselors.

Q That he worked with?

A Yes.

Q He has been to outpatient treatment to deal with

some of his issues, correct?

A Correct.

Q And he voluntarily went to an inpatient treatment

facility to deal with some of his issues, correct?

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A Yes.

(N.T., 9/30/15, pgs. 42-43).

It was proper to allow testimony regarding further counseling

and treatment [McFarland] received to show that [McFarland]

would have been discussing issues and providing medical history

at various times throughout the years. It was certainly relevant

and admissible. By not referencing drug and/or alcohol

treatment, it diminished any negative or prejudicial connotations

regarding the treatment. Referring to [McFarland’s] treatment of

“other issues” was proper and protected [McFarland] from

prejudice. The brief reference to the Malvern Institute was not

highlighted, nor was the jury informed as to the type of

treatment the facility administers.

Accordingly, the evidentiary ruling and limitation was proper and

[McFarland’s] argument on appeal is without merit.

Trial Court Opinion, 8/30/2016, at 65–69.

Based on our review, we discern no basis upon which to disturb the

conclusion of the trial court. In light of Judge Streitel’s well-reasoned

discussion, no further comment by this Court is warranted here.

Accordingly, McFarland’s final claim fails.

Judgment of sentence affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 5/23/2017

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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