Attorney Goldstein Wins Reversal of Dismissal of PCRA Petition on Prosecutorial Misconduct Claim

Criminal Defense Attorney Zak Goldstein

Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, recently won the Superior Court appeal of the denial of a PCRA petition. In the case of Commonwealth v. S.D., the Superior Court reversed the denial of a PCRA petition and remanded the new case for an evidentiary hearing on whether trial counsel was ineffective in failing to object to improper arguments from the prosecutor during opening statements closing arguments. 

S.D. was charged with burglary and related charges for an alleged home invasion burglary. During both opening statements and closing arguments, the prosecutor repeatedly urged the jury to imagine themselves in the victims’ shoes and think about how scary the incident must have been for them. S.D.’s trial attorney failed to object to this argument.

Pennsylvania appellate courts have long held that prosecutors may not make argument designed specifically to inflame the passions of the jury or designed solely to get the jury to convict based on sympathy for the victim. Prosecutors have lots of leeway in terms of being allowed to use oratorical flourish and in making argument, but there are limits. Indeed, courts have repeatedly held that urging jurors to imagine themselves as the victims of a crime is improper. 

After S.D.’s appeals were unsuccessful, S.D. retained Attorney Goldstein to file a Post-Conviction Relief Act Petition (PCRA). Attorney Goldstein filed the petition, alleging that trial counsel provided the ineffective assistance of counsel in failing to object to the prosecutor’s improper argument. The trial court denied the petition, but the Superior Court reversed the denial of the petition on appeal. The Superior Court recognized that the case law generally prohibits prosecutors from making arguments similar to those at issue in this case. The Court therefore remanded the case for an evidentiary hearing on whether trial counsel had a strategic basis for failing to object. If the court finds that trial counsel did not have a good reason for failing to object, then S.D. may receive a new trial. 

Facing criminal charges or appealing a criminal case in state or federal court in Pennsylvania? We can help. 

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court, including the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.