Commonwealth v. Selenski
Decision Date | 04 February 2020 |
Docket Number | No. 1062 EDA 2019,1062 EDA 2019 |
Citation | 228 A.3d 8 |
Parties | COMMONWEALTH of Pennsylvania v. Hugo SELENSKI, Appellant |
Court | Pennsylvania Superior Court |
Robert A. Sauman, Stroudsburg, for appellant.
Elmer D. Christine, Jr., Assistant District Attorney, Stroudsburg, for Commonwealth, appellee.
BEFORE: BOWES, J., OLSON, J., and STEVENS, P.J.E.*
Appellant, Hugo Selenski, appeals from the March 13, 2019, order entered in the Court of Common Pleas of Monroe County, which denied his first petition filed under the Post-Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. §§ 9541 - 9546, following an evidentiary hearing. After a careful review, we affirm.
This Court has previously set forth, in part, the relevant facts and procedural history as follows:
Commonwealth v. Selenski , 158 A.3d 102, 103-05 (Pa.Super. 2017) (footnote omitted) (footnote added).
Upon receipt of the Supreme Court's order, this Court remanded the case to the trial court "so that it [could] perform its traditional gatekeeping function with regard to the proposed expert testimony." Commonwealth v. Selenski , 117 A.3d 1283, 1285 (Pa.Super. 2015). That is, we determined the trial court should determine the applicability of Walker in the first instance.
Upon remand, Appellant moved to present the expert testimony of Dr. Jennifer Dysart, who proposed to detail "13 factors that can be relevant to eyewitness identifications" and to opine, "after reviewing partial records from this case and [Appellant's] case in Luz[e]rne County, [that] 9 of these 13 factors apply in [Appellant's] case." Selenski , 158 A.3d at 105. The trial court concluded Appellant's motion was a request for a new trial based on the admission of expert testimony, which was not allowed at his first trial. Id.
Following an evidentiary hearing, the trial court ruled the expert testimony of Dr. Dysart was inadmissible under Walker . Accordingly, the trial court denied Appellant's request for a new trial at which he could introduce the expert evidence. Appellant filed a timely appeal contending the trial court erred in denying Appellant's request for a new trial so that he could present the testimony of Dr. Dysart.
After a careful review, on March 16, 2017, we found no error, and consequently, we affirmed Appellant's judgment of sentence. See Selenski , 158 A.3d at 117. Appellant filed a petition for allowance of appeal, which our Supreme Court denied on September 19, 2017. Appellant did not file a petition for a writ of certiorari with the United States Supreme Court.
On March 5, 2018, Appellant filed a timely first PCRA petition, and the next day, counsel was appointed to assist Appellant. On July 23, 2018, counsel filed an amended PCRA petition, and on October 19, 2018, the PCRA court held an evidentiary hearing at which the sole testifying witness was Appellant's trial counsel. Thereafter, at the direction of the PCRA court, Appellant and the Commonwealth filed briefs, and by order and opinion filed on March 13, 2019, the PCRA court denied Appellant's PCRA petition. This timely appeal followed. All Pa.R.A.P. 1925 requirements have been met.
On appeal, Appellant sets forth the following issues in his "Statement of the Questions Presented":
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