Com. v. White

• Decision Date: 23 June 1999
• Parties: COMMONWEALTH of Pennsylvania, Appellee v. Maxine Davidson WHITE, as next friend to Gary Heidnik, Appellant.
• Court: Pennsylvania Supreme Court

557 Pa. 408

734 A.2d 374

COMMONWEALTH of Pennsylvania, Appellee v. Maxine Davidson WHITE, as next friend to Gary Heidnik, Appellant.

Supreme Court of Pennsylvania.

Submitted May 24, 1999.

Decided June 23, 1999.

Reargument Denied July 1, 1999.

James Moreno, Philadelphia, for Maxine White.

Catherine Marshall, Philadelphia, Robert A Graci, Office of Attorney General, Harrisburg, for Com.

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

OPINION

NIGRO, Justice.

Maxine Davidson White (Appellant) appeals from an Order of the Court of Common Pleas finding that she lacks standing to bring a Post Conviction Relief Act¹ (PCRA) petition on behalf of Gary Heidnik as his next friend. For the reasons that follow, we affirm.

Following the reasoning of the United States Supreme Court in Whitmore v. Arkansas, 495 U.S. 149, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990), our state jurisprudence provides that a third party, such as Appellant, who seeks standing to bring a PCRA appeal on behalf of a defendant as his next friend must first make two distinct showings. First, the putative next friend must provide an adequate explanation, such as lack of access to the courts, mental incapacity or other disability, as to why the defendant is incompetent to appear on his own behalf and litigate his own cause. See Commonwealth v. Bronshtein, 556 Pa. 545, 551-56, 729 A.2d 1102, 1105-07 (1999)

(applying Whitmore reasoning to issue concerning mother and sister's standing as putative next friends of defendant to appeal the voluntary dismissal of his PCRA petition); see also In re Heidnik, 554 Pa. 177, 183-85, 720 A.2d 1016, 1020 (1998)(noting that Whitmore reasoning is directly applicable to the issue of next friend standing to file an appeal that has been waived by the real party in interest). Secondly, the putative next friend must establish that they have a significant relationship to, and are truly dedicated to the best interests of, the real party in interest on whose behalf they seek to litigate. Id. In the instant case, the PCRA court determined that Appellant lacked standing to file a PCRA petition on Heidnik's behalf as his next friend because she failed to demonstrate that Heidnik has a mental incapacity that renders him incompetent to appear on his own behalf and litigate his own cause. It is this finding that Appellant now challenges.

This case has a somewhat complicated procedural history. On July 1, 1988, a jury convicted Gary Heidnik of two counts of murder in the first degree, six counts of kidnapping, five counts of rape, four counts of aggravated assault and two counts of involuntary deviate sexual intercourse. Following a sentencing hearing, the jury returned two verdicts of death against Heidnik. On March 2, 1989, the trial court formally imposed the sentences of death.

Following the formal imposition of his sentences of death, Heidnik filed a direct appeal to this Court. However, during the pendency of his direct appeal, Heidnik expressed a desire to have his execution carried out as quickly as possible, and instructed his attorney to abandon his appeal. Despite Heidnik's wishes to completely abandon his appeal, this Court retained jurisdiction over the matter, and conducted a statutorily mandated review of the sufficiency of the evidence and the proportionality of Heidnik's death sentences. Concluding that the evidence was sufficient to sustain the jury's verdicts against Heidnik, and that his death sentences were neither excessive nor disproportionate to the penalty imposed in similar cases, this Court sustained Heidnik's convictions for first degree murder and affirmed his sentences of death. Commonwealth v. Heidnik, 526 Pa. 458, 587 A.2d 687 (1991). Thereafter, Heidnik made no further efforts to seek appellate review, and on March 20, 1997, the Governor issued a death warrant with execution scheduled for April 15, 1997.

On April 11, 1997, attorney Billy H. Nolas of the Center for Legal Education, Advocacy & Defense Assistance (CLEADA) filed a petition for a stay of Heidnik's execution pursuant to Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986)² in the Philadelphia Court of Common Pleas, arguing that Heidnik was mentally incompetent to face execution. That same day, CLEADA filed an application for a stay of execution pursuant to Ford v. Wainwright in this Court, requesting that this Court issue a stay of execution if the Court of Common Pleas denied the stay or failed to act by 5:00 p.m. on April 14, 1997. On April 14, 1997 Judge Poserina of the Philadelphia Court of Common Pleas held a hearing concerning Heidnik's competency to face execution. Following the hearing, Judge Poserina denied CLEADA's petition for a stay of execution.

On April 15, 1997, CLEADA filed a supplement to its earlier application for a stay of execution in this Court. That same day, CLEADA filed a motion in federal district court requesting a grant of in forma pauperis status, a stay of Heidnik's execution, the appointment of habeas corpus counsel, and, if necessary, a grant of next friend standing to Appellant pursuant to Whitmore v. Arkansas, 495 U.S. 149, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990). On April 16, 1997, this Court entered a per curiam order staying Heidnik's execution until further order of this Court. Meanwhile, federal district court judge Franklin S. Van Antwerpen granted a temporary stay of execution, and conducted an emergency evidentiary hearing to determine whether or not Heidnik was competent to litigate his own cause. Following the hearing, the district court issued an order denying relief, but continuing its stay of execution pending an appeal to the Third Circuit Court of Appeals. On appeal, the Third Circuit reversed the district court's decision, holding that Heidnik was incompetent to litigate his own cause, and that Appellant should be granted next friend status to appeal on his behalf. The Commonwealth appealed the Third Circuit's decision to the United States Supreme Court, which issued an order vacating the order staying Heidnik's execution on April 19, 1997.

On April 18, 1997, CLEADA filed a petition in this Court seeking review of Judge Poserina's April 14, 1997 order denying a stay of Heidnik's execution.³ On April 19, 1997, we granted the petition for review and directed Appellant to address the order of the Court of Common Pleas, as well as the following four issues in her brief. 1.) whether Pennsylvania recognizes the concept of "next friend" standing under state jurisprudence; 2.) if so, what are the standards under which "next friend" standing is recognized under state jurisprudence; 3.) whether standards for "next friend" standing under state jurisprudence differ from the standards under federal jurisprudence; and 4.) whether this Court should adopt the federal standard. Following oral arguments, in August of 1998, this Court issued an opinion clarifying the requirements for next friend standing under our state jurisprudence and affirming the Court of Common Pleas' determination that Heidnik was competent to face execution. In re Heidnik, 554 Pa. 177, 720 A.2d 1016 (1998). On September 18, 1998, Appellant filed a petition seeking habeas corpus relief and statutory post-conviction relief under the PCRA on Heidnik's behalf.⁴ Appellant asserted standing to file the PCRA petition on Heidnik's behalf as his next friend pursuant to Whitmore v. Arkansas, 495 U.S. 149, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990). In addressing the question of Appellant's standing as Heidnik's next friend, the PCRA court apparently assumed that Appellant, as Heidnik's daughter, had a significant relationship with Heidnik and was truly dedicated to his best interests. Therefore, the PCRA court turned its attention to the question of whether or not Appellant could establish that Heidnik was incompetent to litigate his own cause and waive his appellate rights. In order to assist it in determining whether or not Heidnik was competent to litigate his own cause and waive his appeals, the PCRA court appointed court psychiatrist Dr. O'Brien to conduct a psychiatric evaluation of Heidnik. The PCRA court also permitted both the Commonwealth and Appellant to have their own mental health experts attend and participate in the psychiatric evaluation of Heidnik.⁵ Following the joint psychiatric evaluation of Heidnik, each of the mental health experts issued a report and testified before the PCRA court concerning their respective findings and opinions. In addition, the PCRA court heard some testimony from Heidnik himself. Thereafter, on April 27, 1999, the PCRA court issued an oral ruling in which it concluded that Heidnik was competent to litigate his own cause and waive his appellate rights, and therefore, that Appellant lacked standing to bring a PCRA petition on Heidnik's behalf as his next friend. On May 12, 1999, the Governor issued a new warrant for Heidnik's execution. Appellant's instant appeal followed.

On appeal, Appellant raises numerous claims of error for this Court's review. First, Appellant presents several challenges to the validity of the PCRA court's determination that Appellant did not have standing to file a PCRA petition on Heidnik's behalf as his next friend because Heidnik was competent to litigate his own cause and forego seeking appellate relief. In addition, Appellant raises seventeen substantive PCRA issues concerning Heidnik's trial. Each of Appellant's claims challenging the validity of the proceedings in the PCRA court are considered below. However, as we find that the PCRA court properly determined that Appellant lacks standing to file a PCRA petition on Heidnik's behalf, we do not reach the seventeen substantive PCRA issues raised by Appellant.

Appellant's first claim is that the following statement made by Judge Poserina indicates that he improperly relied on off-the-record discussions with his daughter and other doctors in deciding that Heidnik is...