Commonwealth v. Spotz

• Decision Date: 26 June 2012
• Citation: 47 A.3d 63
• Parties: COMMONWEALTH of Pennsylvania, Appellee v. Mark Newton SPOTZ, Appellant.
• Court: Pennsylvania Supreme Court

47 A.3d 63

COMMONWEALTH of Pennsylvania, Appellee

v.Mark Newton SPOTZ, Appellant.

Supreme Court of Pennsylvania.

Submitted Aug. 29, 2011.

Decided June 26, 2012.

Michael Hugh Gonzales, Defender Association of Philadelphia, Eric John Montroy, Federal Community Defender Office, Eastern District of PA, David Lee Zuckerman, Defender Association of Philadelphia, Philadelphia, for Mark Newton Spotz.

Kelly M. Sekula, Amy Zapp, Harrisburg, PA Office of Attorney General, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice McCAFFERY.

Mark Newton Spotz (“Appellant”) has appealed from the denial of his petition for collateral relief filed pursuant to the Post Conviction Relief Act (“PCRA”),¹ following his conviction in York County for first-degree murder and the imposition of a sentence of death. Concluding that there is no merit to any of the numerous issues that Appellant has raised on appeal, we affirm the order of the PCRA court.

To begin, we set forth the relevant facts of the case, summarized primarily from this Court's opinion on direct appeal. See Commonwealth v. Spotz, 562 Pa. 498, 756 A.2d 1139, 1147–48 (2000)(“ Spotz II ”). At 6:20 a.m. on February 2, 1995, in York County, Appellant approached Penny Gunnet's vehicle on the pretense of asking her for directions. He forced her into the passenger seat of her car at gunpoint and then drove to an isolated area. Christina Noland, Appellant's then-girlfriend, followed him, driving a car they had stolen the previous day in Schuylkill County. While both cars were stopped on an isolated road, Noland heard three gunshots. Appellant then sped off in Ms. Gunnet's car, with Noland in unsuccessful pursuit in the other stolen car. Ms. Gunnet's body was found later that morning under the wheels of her abandoned car. Hours after the murder, Appellant tried to sell some of Ms. Gunnet's jewelry, and he later gave her rings to his ex-wife, Michelle Rhinehart.

Police apprehended Appellant in a motel room in Carlisle, Blair County, the day after Ms. Gunnet's murder. When Appellant opened the door to the room and surrendered, he discarded a silver nine-millimeter semiautomatic pistol that was subsequently identified as the weapon that had fired at least two of the three nine-millimeter bullets recovered from Ms. Gunnet's car. In the motel room, police found Appellant's bloodstained jeans, a knife, nine-millimeter “full metal jacket” ammunition, five credit cards issued in Ms. Gunnet's name, and one credit card issued in her husband's name.

The abduction and murder of Ms. Gunnet was part of a three-day crime spree, during which Appellant committed four homicides in four counties. Two days before Ms. Gunnet's murder, on January 31, 1995, Appellant shot and killed his brother, Dustin Spotz, in Clearfield County and then fled with Ms. Noland. The next day, in need of money and a vehicle, Appellant abducted June Ohlinger at gunpoint in Schuylkill County, drove her car to a remote area, and then shot her in the head. After a brief trip to Rehoboth Beach, Delaware, where Appellant and Ms. Noland attempted to alter their appearances, they drove to York County in search of another vehicle to steal. This was the point at which they came upon Ms. Gunnet. Following the abduction and murder of Ms. Gunnet, Ms. Noland went to Altoona in Blair County, where she surrendered to police, and Appellant went to Cumberland County, where he abducted and murdered his fourth victim, Betty Amstutz, and stole her car and her money.

Appellant was tried separately for each homicide. He was ultimately convicted of voluntary manslaughter in the death of Dustin Spotz in Clearfield County, and of first-degree murder in the deaths of Ms. Ohlinger, Ms. Gunnet, and Ms. Amstutz, in, respectively, Schuylkill, York, and Cumberland Counties. During the guilt phase of his trials in York and Cumberland Counties, Appellant proceeded pro se. Although the Superior Court overturned Appellant's voluntary manslaughter conviction and granted him a new trial, this Court reversed and reinstated the conviction. Commonwealth v. Spotz, 582 Pa. 207, 870 A.2d 822 (2005)(“ Spotz IV ”). On direct appeal, this Court affirmed each of Appellant's three first-degree murder convictions and sentences of death. See Commonwealth v. Spotz, 552 Pa. 499, 716 A.2d 580 (1998) (Schuylkill County) (“Spotz I ”); Spotz II, 756 A.2d at 1139 (York County); Commonwealth v. Spotz, 563 Pa. 269, 759 A.2d 1280 (2000) (Cumberland County) (“Spotz III ”). In addition, we subsequently affirmed the orders of the PCRA courts denying Appellant collateral relief from his Schuylkill County and Cumberland County first-degree murder convictions. See, respectively, Commonwealth v. Spotz, 587 Pa. 1, 896 A.2d 1191 (2006) (“Spotz V ”) and Commonwealth v. Spotz, 610 Pa. 17, 18 A.3d 244 (2011) (“Spotz VI ”). Here, Appellant seeks review of the order of the PCRA court denying his petition for collateral relief from his York County first-degree murder conviction.

Appellant filed a pro se PCRA petition challenging his York County conviction as well as a request for appointment of counsel in April 2001.² On August 20, 2001, the Defender Association of Philadelphia filed a PCRA petition on Appellant's behalf. See Amended Petition for Habeas Corpus Relief under Article I, Section 14 of the Pennsylvania Constitution and for Statutory Post–Conviction Relief under the PCRA, filed 8/20/01. Subsequently, the Defender Association filed two supplements, on May 20, 2002, and May 31, 2007, respectively. With all of these filings, Appellant raised 34 issues before the PCRA court. PCRA Court Opinion, dated March 25, 2010, at 4. The court held a PCRA hearing from September 17 through September 19, 2007.³ After Appellant's competencywas placed into question, the PCRA court continued the hearing, pending completion of competency evaluations. The PCRA court subsequently determined that Appellant was competent, and then resumed the PCRA hearing from June 9 through June 13, 2008. Appellant appeared via videoconference. Id. at 5. The PCRA court filed an opinion and order on March 25, 2010, denying all of Appellant's claims.

Appellant filed a timely notice of appeal to this Court, raising 11 issues for review,⁴ most of which include several sub-issues, for an approximate total of 37 claims. Before addressing the issues raised, we set forth our standard of review, the relevant statutory requirements under the PCRA, and the relevant legal principles controlling claims of ineffective assistance of counsel. See Spotz VI, 18 A.3d at 259–60.

Under the applicable standard of review, we must determine whether the ruling of the PCRA court is supported by the record and is free of legal error. Commonwealth v. Hutchinson, 611 Pa. 280, 25 A.3d 277, 284 (2011). The PCRA court's credibility determinations, when supported by the record, are binding on this Court; however, we apply a de novo standard of review to the PCRA court's legal conclusions. Id.

To prevail on a petition for PCRA relief, a petitioner must plead and prove, by a preponderance of the evidence, that his or her conviction or sentence resulted from one or more of the circumstances enumerated in 42 Pa.C.S. § 9543(a)(2). These circumstances include a constitutional violation or ineffectiveness of counsel, either of which “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.” 42 Pa.C.S. § 9543(a)(2)(i) and (ii). In addition, a petitioner must show that the claims of error have not been previously litigated or waived. 42 Pa.C.S. § 9543(a)(3). An issue has been waived “if the petitioner could have raised it but failed to do so before trial, at trial, on appeal or in a prior state post[-]conviction proceeding.” 42 Pa.C.S. § 9544(b). An issue has been previously litigated if “the highest appellate court in which the petitioner could have had review as a matter of right has ruled on the merits of the issue.” 42 Pa.C.S. § 9544(a)(2); see Hutchinson, supra at 284–85;Spotz VI, supra at 259.

With respect to claims of ineffective assistance of counsel, we begin with the presumption that counsel is effective.⁵Hutchinson, supra at 285. To prevail on an ineffectiveness claim, a petitioner must plead and prove, by a preponderance of the evidence, three elements: (1) the underlying legal claim has arguable merit; (2) counsel had no reasonable basis for his or her action or inaction; and (3) the petitioner suffered prejudice because of counsel's action or inaction. Id. (citing Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987)). With regard to the second, i.e., the “reasonable basis” prong, we will conclude that counsel's chosen strategy lacked a reasonable basis only if the petitioner proves that “an alternative not chosen offered a potential for success substantially greater than the course actually pursued.” Id. (quoting Commonwealth v. Williams, 587 Pa. 304, 899 A.2d 1060, 1064 (2006)). To establish the third, i.e., the prejudice prong, the petitioner must show that there is a reasonable probability that the outcome of the proceedings would have been different but for counsel's action or inaction. Id.

Issue 1: Waiver of Counsel

In Issue 1, Appellant claims that his guilt-phase waiver of counsel was constitutionally invalid because of four alleged circumstances: (a) counsel's conflict of interest; (b) counsel's failure to investigate or prepare a guilt-phase defense; (c) Appellant's mental incapacity; and (d) the trial court's improper restrictions on standby counsel. Just prior to trial, Appellant indicated to the court that he wanted to proceed pro se because of alleged conflicts with his counsel, assistant public defenders Bruce Blocher and Suzanne Smith. After an extensive colloquy, the trial court granted Appellant's request to represent himself, and appointed Mr. Blocher and Ms. Smith as standby cou...