Com. v. Duffey

• Decision Date: 11 August 1998
• Citation: 551 Pa. 675,713 A.2d 63
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Steven J. DUFFEY, Appellant.
• Court: Pennsylvania Supreme Court

Page 63

713 A.2d 63

551 Pa. 675

COMMONWEALTH of Pennsylvania, Appellee, v. Steven J. DUFFEY, Appellant.

Supreme Court of Pennsylvania.

Submitted Aug. 27, 1997.

Decided May 21, 1998.

Reargument Denied Aug. 11, 1998.

Richard M. Bernstein, George S. Bobnak, Philadelphia, for S. Duffey, Appellant.

William P. O'Malley, Scranton, Robert A. Graci, Harrisburg, for the Com., Appellee.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

NEWMAN, Justice.

Appellant Steven J. Duffey (Duffey) has filed a direct appeal ¹ from the Order of the Court of Common Pleas of Lackawanna County, entered December 2, 1996, which granted the Commonwealth's Motion to Strike Duffey's Amended Petition for Relief pursuant to the Post-Conviction Relief Act (PCRA). ²

FACTS AND PROCEDURAL HISTORY

In this Court's Opinion affirming Duffey's judgment of sentence on direct appeal, Mr. Justice McDermott summarized the facts of this case as follows:

In the afternoon of February 17, 1984, the body of Kathy Kurmchak was found in the ladies restroom of Genetti's Manor, a restaurant located in Dickson City, Pennsylvania. The victim, then age 19, was a waitress at the restaurant. She was found slumped in the corner of the bathroom stall in a pool of blood; she had sustained approximately thirty stab wounds.

A subsequent police investigation revealed that a yellow Chrysler LeBaron was seen parked behind the restaurant that day. Routine questioning of all employees revealed that appellant, Steven Duffey, then an employee of Genetti's Manor, had stopped by the establishment that day to drop off a W-4 tax form. It was determined that appellant drove a yellow Chrysler LeBaron and the car behind the restaurant was identified as belonging to him.

Appellant was then asked to come to the state police barracks for further questioning. He was read his Miranda rights and he gave a statement corroborating an earlier statement that he had dropped off a W-4 form and returned home to watch television. He was informed of inconsistencies in his statement, such as the fact that his car was seen behind Genetti's Manor at the time that he claimed he was watching television. He was also informed that a search warrant was obtained for his car and that the police were looking for blood, clothing fibers, etc. Appellant then decided to make a more complete statement.

Appellant was again read his Miranda rights. He then recounted in great detail how he parked behind Genetti's Manor and proceeded into the restaurant. He found He approached Kathy Kurmchak and demanded money. He obtained several dollars from the coat check tip jar and Ms. Kurmchak produced several more dollars from her wallet. Appellant then said to the victim "come with me for a walk" and both proceeded to the ladies bathroom. Appellant told Ms. Kurmchak to walk over to one of the stalls, to open the stall door and to take off her pants. He then told Ms. Kurmchak that he wanted to have sex with her.

Kathy Kurmchak alone in the office. Appellant quietly entered the kitchen where he found a large butcher knife. Appellant slipped the knife into his pants and made his way back into the office.

Kathy Kurmchak responded "no way" to appellant's suggestion. She then inquired, "what are you going to do, stab me?" Appellant took her watch from her wrist and stabbed Ms. Kurmchak. The victim grabbed the knife with her hands and said "don't, don't." Appellant stabbed her two or three more times and she started to slide down the wall of the bathroom stall. Appellant stabbed the victim five or six more times and the victim began to gasp. Appellant then stabbed her in the throat. Appellant exited the building. He buried the knife in the swamp behind the restaurant, got in his car, and drove home.

Appellant next gave a question and answer-type statement to the police. He recounted how he went to Genetti's Manor that morning to drop off his W-4 form. There were two women present at the time. He returned later to find that one woman had gone. He drove to the rear of the building and parked his car. He then went back into the restaurant to rob it because he thought the victim had the key to the safe.

Appellant went to the kitchen and found a knife. He walked to the office and stood by the door for about twenty minutes. The urge then came over him to "get it done." He proceeded into the office and demanded money from the victim. She gave him three one dollar bills and a handful of quarters from the tip jar, as well as four or five dollars from her purse.

Appellant again recounted how he marched the victim to the ladies bathroom. He told her to turn around. She refused and asked "what are you going to do, stab me?" He responded "yes, if I have to." He further stated, "give me your watch." He stuck the watch in his pocket and took the knife by the handle. He then demonstrated for the officer who was taking the statement, how he held the knife, how the victim tried to grab it, and how he stuck it into her stomach.

Appellant recounted how the first stab wound was beneath the victim's breast. She looked at him and said "don't, don't." He stabbed her two or three more times and she began to "creep" down the wall. She slid down and hit the flush on the toilet, and blood began to run out of her into the toilet. Appellant further stated: "I then stabbed her around the throat because she was gasping and trying to say something. After I stabbed her near the throat she slid down the rest of the way to the floor."

Appellant then stated "I stood there and felt her face and shirt to see if she was breathing. She was still breathing. I walked out [of] the stall by backing up. I looked back at her and her mouth was open like she was gasping for air. There was blood all over the place." The rest of appellant's statement detailed his actions after he left the crime scene.

Commonwealth v. Duffey, 519 Pa. 348, 354-356, 548 A.2d 1178, 1180-1181 (1988).

Following trial in the Court of Common Pleas of Lackawanna County before the Honorable James M. Munley, a jury convicted Duffey of first degree murder and robbery. After the penalty phase of the trial, the jury returned a sentence of death for the crime of first degree murder. After the denial of post-trial motions, Judge Munley formally imposed the sentence of death on August 4, 1986. This Court affirmed the judgment of sentence on October 14, 1988. Id.

No further legal action occurred in this case until September 22, 1994, when Governor Robert P. Casey signed a death warrant scheduling Duffey's execution for the week of December 4, 1994. The Pennsylvania Capital Although the Pennsylvania Capital Case Resource Center is not representing Mr. Duffey in the PCRA proceedings he intends to file, the Resource Center is assisting Mr. Duffey in attempting to locate competent counsel and in presenting this motion for a stay of execution. As such please contact the Center ... in regard to the return date of the motion, if you have any questions, or if we can assist the Court in any manner in regard to this matter.

                Case Resource Center (PCCRC) sent Judge Munley a letter dated November 15, 1994 that included the original and a courtesy copy of Duffey's "Pro Se Motion for Stay of Execution to Identify and Appoint Counsel and to Permit [551 Pa. 680] Counsel Time to Prepare a PCRA Petition."   The cover letter, signed by PCCRC staff attorney David Wycoff, stated the following
                

Appellant's Brief, Appendix, p. 9a. The trial court denied the Motion on November 18, 1994, stating the following:

The defendant Duffey has not filed with the Court any Petition Under the Pennsylvania Post-Conviction Relief Act (PCRA) nor is there set forth in this motion any basis or reasons to establish that he is eligible for PCRA relief. Further, defendant Duffey has not had any matter pending before this Court or been involved with this Court since the year 1986, eight years ago.

For the reasons set forth above we find that this Court is without jurisdiction to entertain the defendant's motion and therefore the Motion to Stay Execution is DENIED.

Trial Court Memorandum and Order, November 18, 1994, p. 2.

Two days later, Duffey filed a Motion for Reconsideration that the trial court denied on November 22, 1994. The same day, Duffey filed a "Renewed Motion for Stay of Execution to Permit Counsel Time to Prepare PCRA Petition" (Renewed Motion) with a PCRA Petition attached. The Renewed Motion is a pleading that is unsigned, and the front page states that Duffey filed it pro se.

The question of whether the attached PCRA Petition was pro se or counseled is a significant issue in this case. The PCRA Petition is written on a six-page preprinted form that the Department of Corrections provides to inmates, titled "Motion for Post Conviction Collateral Relief" (Form DC-98). The form motion appears to be signed by Duffey, and includes check marks in the boxes beside the following preprinted legal claims:

I AM ELIGIBLE FOR RELIEF BECAUSE OF:

(I) A violation of the constitution of Pennsylvania or laws of this Commonwealth or the constitution of the United States which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.

(II) Ineffective assistance of counsel (trial & appeal) which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.

(V) A violation of the provisions of the constitution, law, or treaties of the United States which would require the granting of federal habeas corpus relief to a state prisoner.

(VI) The unavailability at the time of trial of exculpatory evidence that has subsequently become available and that would have affected the outcome of the trial if it had been introduced.

(VII) The imposition of a sentence greater than...