Commonwealth v. Flor
Decision Date | 22 September 2021 |
Docket Number | No. 771 CAP,771 CAP |
Citation | 259 A.3d 891 |
Parties | COMMONWEALTH of Pennsylvania, Appellee v. Robert Anthony FLOR, Appellant |
Court | Pennsylvania Supreme Court |
Hunter Stuart Labovitz, Esq., Peter Konrad Williams, Esq., Federal Community Defender Office, Eastern District of PA, for Appellant.
Ronald Eisenberg, Esq., Pennsylvania Attorney General's Office, Philadelphia, Jill Marie Graziano, Esq., Bucks County District Attorney's Office, for Appellee.
Justice Mundy delivers the opinion of the Court with respect to Parts I, II, III(G), VI, and VII, in which Chief Justice Baer, Justice Saylor, and Justice Dougherty join; Justice Wecht delivers the opinion of the Court with respect to Parts II and III of his expression, in which Justices Saylor, Todd, and Donohue join.Justice Mundy announces the judgment of the Court with respect to all other issues.
In this capital case, Appellant, Robert Flor, appeals from the order of the Court of Common Pleas of Bucks County denying his first, timely petition for post-conviction relief filed pursuant to the Post Conviction Relief Act (PCRA).1
On October 23, 2006, Appellant entered a plea of guilty to the first-degree murder of Officer Brian Gregg, of the Newtown Borough Police Department.He further entered pleas nolo contendere to various other charges in connection with the events of September 29, 2005.2
In preparation for the penalty phase, counsel for Appellant retained and consulted with a number of experts to evaluate, ascertain, and report on potential mitigation factors.3Specifically, counsel attempted to prove that Appellant was under the influence of extreme emotional disturbance; Appellant's capacity to conform his conduct to the requirements of law was substantially impaired; and any other evidence of mitigation concerning the character and record of Appellant and the circumstances of the offense, referred to often as the "catch-all" mitigator.See42 Pa.C.S. § 9711(e)(2), (3), and (8).In support of those mitigating factors, Appellant offered evidence to demonstrate he had brain damage, mental impairments, emotional disturbances, impairments caused or exacerbated by alcohol and drug abuse, and a family upbringing marked by abuse and neglect.SeeFlor , 998 A.2d at 626.In addition to a number of Appellant's family members testifying on his behalf, and of particular relevance to his first claim, Appellant offered expert testimony which this Court previously summarized as follows:
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