The United States Court of Appeals for the Third Circuit has decided the case of Baxter v. Superintendent Coal Township, holding that the failure of trial counsel to object to a partially defective jury instruction relating to reasonable doubt does not automatically require a new trial in cases where the evidence was overwhelming. The Third Circuit Court of Appeals found that although the instruction in question was at least partially defective, the defendant was still required to show prejudice, meaning that the result of the trial might have been different had the instruction been completely accurate. In this case, the Court concluded that the evidence was overwhelming, so the defendant will not receive a new trial due to the ineffective assistance of trial counsel.

The Facts of Baxter

In Baxter, the defendant was convicted of first degree murder, criminal conspiracy, and related charges. Numerous witnesses who personally knew the defendant testified against him at trial. All of his state court appeals and PCRA petitions were rejected, and he eventually filed a federal habeas petition. In the petition, he alleged that trial counsel was ineffective in failing to object to an example that the trial judge gave of the meaning of reasonable doubt.

Specifically, the judge gave the following example: 

If you were advised by your loved one’s physician that that loved one had a life- threatening illness and that the only protocol was a surgery, very likely you would ask for a second opinion. You’d probably get a third opinion. You’d probably start researching the illness, what is the protocol, is surgery really the only answer. You’d probably, if you’re like me, call everybody you know in medicine: What do you know about this illness? What do you know about this surgery? Who does this surgery across the country? What is my option. 

At some moment, however, you’re going to be called upon to make a decision: Do you allow your loved one to go forward? If you go forward, it’s because you have moved beyond all reasonable doubt. 

Baxter’s attorney did not object to this instruction at the time, and the rest of the reasonable doubt instruction was correct. Courts have repeatedly held that this example is defective and does not accurately convey the meaning of reasonable doubt. People facing a life-threatening illness are in fact very likely to move forward with even a risky procedure that could save them from the illness.

Baxter was convicted, and he eventually challenged the instruction pursuant to 28 U.S.C. § 2254. § 2254 allows a defendant to challenge a state court conviction in federal court under certain circumstances. In this case, Baxter likely alleged that his original Post-Conviction Relief Act counsel was ineffective in raising the claim that trial counsel should have objected to this hypothetical. Where PCRA counsel has failed to raise a claim, federal courts have the ability to review the claim de novo under Martinez v. Ryan.

The Third Circuit’s Opinion

The Third Circuit accepted that trial counsel was ineffective in failing to object to the instruction. The hypothetical does not provide an accurate example of reasonable doubt, and so counsel should have objected and challenged the issue in the state courts. The Third Circuit, however, found that Baxter was not entitled to a new trial because in addition to showing that trial counsel should have done something differently, a petitioner who is seeking relief under the PCRA or in a federal habeas petition must also show that had counsel done something differently, it could have produced a different result. This is known as prejudice. In other words, the petitioner must show that the ineffective performance tainted the outcome of the trial. 

Baxter argued that improper jury instructions create a structural error that requires no showing of prejudice. Under his argument, he would therefore automatically receive a new trial regardless of how strong the Commonwealth’s case was. Structural errors do require a new trial, and some examples include violating the right to a public trial,  a complete deprivation of the right to counsel, lack of an impartial judge, an unlawful exclusion of grand jurors of the defendant’s race, and the denial of the right to proceed pro se. 

The Third Circuit rejected this argument. It found that Baxter still had to show prejudice. Further, it concluded that because there were so many eyewitnesses who knew Baxter and claimed that he did the shooting, the strength of the case was overwhelming. The Court also reasoned that the rest of the instruction was correct and adequately conveyed the idea of reasonable doubt to the jury. Therefore, because the example likely did not impact the jury’s decision, Baxter could not show prejudice. He will therefore not receive a new trial. 

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