Opinion

Commonwealth v. Evans

  • 343 Pa. Super. 118
  • 494 A.2d 383
  • 1985 Pa. Super. LEXIS 7144
Court
Supreme Court of Pennsylvania
Filed
Apr 19, 1985
Status
Published
Author
Wieand
On the bench
Brosky, Wieand, McEwen
Cited by
32 cases
Authority
More cited than 10.5%

counsel was not ineffective in failing to assert insufficiency of evidence to sustain conviction of felony murder where forensic pathologist had testified that stress caused by defendant’s robbery and kidnapping of victim aggravated victim’s arteriosclerotic heart disease, resulting in his death

How later courts described this case

  • counsel was not ineffective in failing to assert insufficiency of evidence to sustain conviction of felony murder where forensic pathologist had testified that stress caused by defendant’s robbery and kidnapping of victim aggravated victim’s arteriosclerotic heart disease, resulting in his death
  • NCIC computer check of license which revealed that vehicle was stolen and used in a criminal act and that occupants were armed was sufficient in and of itself to justify warrantless arrest of appellant
  • sustaining conviction of second-degree murder in case where victim died of cardiac arrest four hours after being kidnaped and robbed by petitioner
  • where arresting officer was informed by radio dispatch that an NCIC check revealed appellant’s vehicle was stolen and used in a criminal act and occupants were armed, the information was sufficient in and of itself to justify the warrantless arrest of appellant

Written by the judges who cited it.

The opinion

WIEAND, Judge,

concurring and dissenting:

I agree with the majority that there is at least arguable merit to appellant’s contention that trial counsel should have prevented the jury from learning about the unrelated crimes for which appellant was arrested in Atlantic City. I am unable to agree, however, that the introduction of evidence of unrelated criminal activity was harmless. See generally: Commonwealth v. Martinez, 301 Pa.Super. 121 , 447 A.2d 272 (1982). Therefore, I would remand for an *137 evidentiary hearing limited to counsel’s stewardship regarding the introduction of evidence of unrelated criminal activity. By an evidentiary hearing it can be determined whether the course chosen by counsel had a reasonable basis designed to effectuate the interests of his client. If there was such a reasonable basis, the judgment of sentence should be affirmed. If not, appellant should be awarded a new trial.

In all other respects I agree with and join Judge McEWEN’s careful analysis and disposition.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.