Commonwealth v. Kennedy, 680 EDA 2015
Decision Date | 06 December 2016 |
Docket Number | No. 680 EDA 2015,680 EDA 2015 |
Parties | COMMONWEALTH of Pennsylvania, Appellee v. Unique S. KENNEDY, Appellant |
Court | Pennsylvania Superior Court |
Evan T.L. Hughes, and Joseph T. Schultz, Philadelphia, for appellant.
Hugh J. Burns, Jr., Assistant District Attorney, and Kelly B. Wear, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Appellant, Unique S. Kennedy, appeals from the judgment of sentence entered on February 20, 2015. In this case, we consider whether the trial court abused its discretion in admitting lay opinion testimony from a crime scene investigator regarding bullet trajectory. After careful consideration, we hold that the trial court did not abuse its discretion by admitting the lay opinion testimony. We also clarify the interaction between Pennsylvania Rules of Evidence 404(a)(2)(A) ( ) and 608(a) ( ). Based upon our analysis, we conclude that the trial court properly excluded evidence relating to Appellant's truthfulness. As we also find Appellant is not entitled to relief on his remaining claims, we affirm.
We have summarized the factual background of this case as follows:
Commonwealth v. Harris , 2016 WL 6649244, *1 (Pa. Super. Nov. 10, 2016) (unpublished memorandum) ( ).
The procedural history of this case is as follows. On September 30, 2013, the Commonwealth charged Appellant via criminal information with first-degree murder,1 conspiracy to commit first degree murder,2 carrying a firearm without a license,3 carrying a firearm on the streets of Philadelphia,4 possessing an instrument of crime,5 attempted murder,6 aggravated assault,7 and recklessly endangering another person.8 On February 9, 2015, Appellant orally moved in limine to exclude the lay opinion testimony of Officer Jacqueline Davis, a crime scene investigator, whose proposed testimony included her observations regarding the angle of trajectory of bullets fired through the door of Anderson's apartment. The trial court denied the motion that same day.
At trial, Officer Davis opined that, based upon the bullet holes in the door and the location of evidence inside the foyer, the apartment door was partially open when Appellant opened fire. Appellant testified on his own behalf, stating that he shot Anderson in self-defense. Appellant sought to call witnesses to testify as to his character trait of truthfulness. The Commonwealth objected to this character evidence and the trial court sustained the Commonwealth's objection. On February 20, 2015, a jury found Appellant guilty of first-degree murder, conspiracy to commit first degree murder, carrying a firearm without a license, possessing an instrument of crime, and recklessly endangering another person. The trial court immediately sentenced him to an aggregate term of life imprisonment without the possibility of parole. This timely appeal followed.9
Appellant presents five issues for our review:
Appellant's first issue challenges the sufficiency of the evidence.11 "Whether sufficient evidence exists to support the verdict is a question of law; our standard of review is de novo and our scope of review is plenary." Commonwealth v. Walls , 144 A.3d 926, 931 (Pa. Super. 2016) (citation omitted). "In assessing Appellant's sufficiency challenge, we must determine whether, viewing the evidence in the light most favorable to the Commonwealth as verdict winner, together with all reasonable inferences therefrom, the trier of fact could have found that the Commonwealth proved [each] element of the crime beyond a reasonable doubt." Commonwealth v. Ansell , 143 A.3d 944, 949 (Pa. Super. 2016) (citation omitted). "The evidence need not preclude every possibility of innocence and the fact-finder is free to believe all, part, or none of the evidence presented." Commonwealth v. Ford , 141 A.3d 547, 552 (Pa. Super. 2016) (citation omitted).
Appellant argues that there was insufficient evidence to convict him of first-degree murder. In order to convict a defendant of first-degree murder, "the Commonwealth must [ ] demonstrate[ ] that[ ] a human being was unlawfully killed, the defendant perpetrated the killing, and the defendant acted with malice and a specific intent to kill." Commonwealth v. Ovalles , 144 A.3d 957, 969 (Pa. Super. 2016) (internal quotation marks and citation omitted).
Appellant only challenges the sufficiency of the evidence relating to the elements of malice and specific intent.12 As our Supreme Court has repeatedly held, a jury may properly infer malice and specific intent from the fact that a victim was shot multiple times. SeeCommonwealth v. Chamberlain , 612 Pa. 107, 30 A.3d 381, 394 (2011) (citations omitted) (malice); Commonwealth v. Hughes , 581 Pa. 274, 865 A.2d 761, 793 (2004) (specific intent). As noted above, Appellant shot Anderson multiple times. Thus, the evidence was sufficient to convict Appellant of first-degree murder.
Appellant's second, third, and fourth issues challenge the trial court's evidentiary rulings. We review the trial court's evidentiary rulings for an abuse of discretion. Commonwealth v. Tyack , 128 A.3d 254, 257 (Pa. Super. 2015) (citation omitted).
In his second issue, Appellant argues that the trial court erred by allowing Officer Davis to offer a lay opinion that the door was slightly open when Appellant shot Anderson. Officer Davis, a member of the crime scene unit of the Philadelphia Police Department, testified that she placed rods in the bullet holes of the door. She testified that the only logical conclusion based upon the bullet trajectories, as determined by the rods placed in the bullet holes, was that the door was slightly ajar when Appellant shot Anderson. As the Commonwealth did not designate Officer Davis as an expert witness, Appellant moved in limine prior to trial to bar this lay opinion testimony. The trial court denied the motion and permitted Officer Davis' testimony during trial.
Lay opinion testimony is governed by Pennsylvania Rule of Evidence 701, which provides...
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