Commonwealth v. Peel
Decision Date | 10 January 2023 |
Docket Number | 27 EDA 2022 |
Parties | COMMONWEALTH OF PENNSYLVANIA v. TYREE PEEL Appellant |
Court | Pennsylvania Superior Court |
Appellant Tyree Peel, appeals from the December 16, 2021 order entered in the Court of Common Pleas of Philadelphia County, denying his petition filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541-9546. We affirm.
The PCRA court summarized the factual and procedural history as follows:
PCRA Court Opinion, 6/29/22, at 1-3 (extraneous capitalization omitted).
On July 9, 2020, Appellant filed pro se a PCRA petition, his first. Counsel was appointed for Appellant, and on January 22, 2021, counsel filed an amended PCRA petition that included, inter alia, a request for a PCRA evidentiary hearing. On April 13, 2021, counsel filed a motion for leave to file a supplemental amended PCRA petition. That same day, counsel filed a supplemental amended PCRA petition.[3] On August 3, 2021, the Commonwealth filed a motion to dismiss Appellant's supplemental amended PCRA petition. On November 22, 2021, the PCRA court provided Appellant notice, pursuant to Pa.R.Crim.P. 907, of its intent to dismiss his PCRA petition without an evidentiary hearing and provided Appellant 20 days to file a response. Appellant did not file a response. On December 16, 2021, the PCRA court dismissed Appellant's PCRA petition. This appeal followed.
Appellant raises the following issues for our review:
Appellant's Brief at 4 (extraneous capitalization omitted).
In addressing Appellant's issues, we are mindful of our well-settled standard and scope of review of an order denying a PCRA petition. Proper appellate review of a PCRA court's denial of a petition is limited to the examination of "whether the PCRA court's determination is supported by the record and free of legal error." Commonwealth v. Miller, 102 A.3d 988, 992 (Pa. Super. 2014) (citation omitted). "The PCRA court's findings will not be disturbed unless there is no support for the findings in the certified record." Commonwealth v. Lawson, 90 A.3d 1, 4 (Pa. Super. 2014) (citations omitted). "This Court grants great deference to the findings of the PCRA court, and we will not disturb those findings merely because the record could support a contrary holding." Commonwealth v. Hickman, 799 A.2d 136, 140 (Pa. Super. 2002) (citation omitted). In contrast, we review the PCRA court's legal conclusions de novo. Commonwealth v. Henkel, 90 A.3d 16, 20 (Pa. Super. 2014) (en banc), appeal denied, 101 A.3d 785 (Pa. 2014).
Appellant's issues raise claims alleging that trial counsel provided ineffective assistance. Appellant's Brief at 9-16. "It is well-established that counsel is presumed effective[.]" Commonwealth v. Koehler, 36 A.3d 121, 132 (Pa. 2012), citing Strickland v. Washington, 466 U.S. 668, 687-691 (1984). To plead and prove a claim of ineffective assistance of counsel, "a petitioner must establish: (1) that the underlying issue has arguable merit; (2) counsel's actions lacked an objective reasonable basis; and (3) actual prejudice resulted from counsel's act or failure to act." Commonwealth v. Stewart, 84 A.3d 701, 706 (Pa. Super. 2013) (en banc), appeal denied, 93 A.3d 463 (Pa. 2014). "A claim of ineffectiveness will be denied if the petitioner's evidence fails to meet any of these prongs." Commonwealth v. Martin, 5 A.3d 177, 183 (Pa. 2010). "In determining whether counsel's action was reasonable, we do not question whether there were other more logical courses of action which counsel could have pursued; rather, we must examine whether counsel's decisions had any reasonable basis." Commonwealth v. Washington, 927 A.2d 586, 594 (Pa. 2007).
Our inquiry ceases and counsel's assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his[, or her,] client's interests. The test is not whether other alternatives were more reasonable, employing a hindsight evaluation of the record. Although weigh the alternatives we must, the balance tips in favor of a finding of effective assistance as soon as it is determined that trial counsel's decision had any reasonable basis.
Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987). A petitioner establishes prejudice when he demonstrates "that there is a reasonable probability that, but for counsel's [acts or omissions], the result of the proceeding would have been different." Commonwealth v. Johnson, 966 A.2d 523, 533 (Pa. 2009).
Appellant's first issue alleges trial counsel was ineffective for failing to file a motion to suppress the single photograph identifications of Appellant as the shooter by the eyewitness and the victim's girlfriend. Appellant's Brief at 9-12. Appellant asserts that, on February 15, 2017, he filed pro se a motion to suppress the single photograph identifications by the eyewitness and the victim's girlfriend and that trial counsel...
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