Philadelphia Criminal Defense Blog

Zak Goldstein 7/12/24 Zak Goldstein 7/12/24

Smith v. Arizona: United States Supreme Court Holds Expert May Not Testify to Absent Lab Analyst’s Testing Results if Analyst Unavailable

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Supreme Court of the United States has decided the case of Smith v. Arizona. In Smith, the Court held that when an expert conveys an absent lab analyst’s statements to support their opinion, and those statements must be true in order for the opinion to be accurate, the statements are admitted as evidence for their truth. If the statements are also testimonial, then their admission is barred by the Confrontation Clause. However, the Court did not decide whether the statements in this case were definitively testimonial, instead remanding that issue to the state court for further consideration.

The Facts in Smith v. Arizona

In December 2019, law enforcement officers in Yuma County, Arizona, arrested Jason Smith inside a shed during the execution of a search warrant. The officers discovered a large quantity of suspected drugs and drug-related items, leading to Smith being charged with multiple drug offenses, including possession of methamphetamine, marijuana, and cannabis for sale, and possession of drug paraphernalia. Smith pleaded not guilty, and the case proceeded to trial.

During trial preparations, the State sent the seized items to the Department of Public Safety's crime lab for analysis, identifying Smith as the suspect and providing details of his charges. Analyst Elizabeth Rast conducted the tests and documented her findings in detailed notes and a signed report. Her report concluded that the items contained usable quantities of methamphetamine, marijuana, and cannabis.

Initially, the State intended for Rast to testify at Smith’s trial. However, Rast left the lab before the trial for unspecified reasons. Instead, the State called Greggory Longoni as a substitute expert to testify based on Rast’s records, although Longoni did not conduct any independent testing. Longoni’s testimony, which relied on Rast’s records, led to Smith’s conviction.

Smith appealed, arguing that Longoni’s testimony violated his Confrontation Clause rights because he was unable to cross-examine Rast, whose statements formed the basis of Longoni’s opinion. The Arizona State Court of Appeals affirmed Smith’s conviction, reasoning that an expert could testify to the substance of a non-testifying expert’s analysis if it formed the basis of their opinion.

Supreme Court's Analysis

The Supreme Court rejected the Arizona Court of Appeals' reasoning, focusing on whether Rast’s statements were introduced for their truth. The Court stated that if Rast’s statements were used to establish that the events documented in her report actually occurred, then they were admitted for their truth. Furthermore, the Court assumed that since the testing and records were made for evidentiary purposes, Rast’s statements were testimonial.

The Court emphasized that if an expert’s testimony conveys an out-of-court statement to support their opinion, and the statement supports the opinion only if true, then the statement is admitted for its truth. The inability to cross-examine the analyst themselves on the reliability of the testing and the expert’s reliance on that underlying testing leaves the jury with an unchallenged assumption of truth and the defense with no opportunity to challenge that assumption. This is exactly what the Confrontation Clause forbids.

The Takeaway

This is an important decision. Under prior precedent, the prosecution had been able to use substitute experts to testify to what other expert witnesses did. That procedure, however, leaves the defense completely unable to challenge the credibility of the actual people who did the testing. This decision reinforces the defendant's right to confront and cross-examine witnesses against them, ensuring the integrity and fairness of the judicial process.

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Zak Goldstein 6/25/24 Zak Goldstein 6/25/24

Speedy Trial Motion Granted in Sexual Assault Case

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire

Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire recently won a speedy trial motion to dismiss all charges in a sexual assault case. In Commonwealth v. VK, the client was charged with rape, involuntary deviate sexual intercourse and related charges after the complainant reported that the client had assaulted her years earlier. The complainant did not disclose the alleged abuse for about a decade.

The complainant made a police report, and a detective then obtained an arrest warrant and put the arrest warrant in the system. The detective then did essentially nothing to arrest the client. By then, he had moved to another state. The client was eventually arrested by police in the other state during a random encounter more than two years later and extradited to Philadelphia. Upon his arrival in Philadelphia, he retained Attorney Goldstein. Attorney Goldstein successfully argued for a reasonable bail at preliminary arraignment.

The charges were held for court at the preliminary hearing. Once the case reached the Court of Common Pleas and motions could be filed, Attorney Goldstein immediately filed a motion to dismiss pursuant to Rule 600(a) of the rules of criminal procedure. In the motion, Attorney Goldstein argued that the charges should be dismissed because the Commonwealth failed to bring the client to trial within 365 days as required by the rule.

Under the rules, the one year deadline for bringing a defendant to trial begins to run on the date on which the complaint is filed. Accordingly, the time during which a defendant has charges filed against them and a complaint pending counts for purposes of the rule unless the Commonwealth exercises due diligence in attempting to locate the defendant but is unable to do so. For example, if a defendant is being held in custody in another state and the other state refuses to extradite the defendant despite the Commonwealth’s attempts to obtain extradition, then the time might not count. Or, if the police conduct records checks and attempt to locate the defendant but are unable to do so despite giving it a good effort, then the time may not count.

Here, the detective who filed the charges testified at a hearing on the motion that he made a couple of phone calls to phone numbers he could not remember when he first filed the charges. He did not call authorities in the other state, he did not have anyone check the addresses in those states, he did not check social media, and he did not ask federal marshals to look for the defendant. Accordingly, Attorney Goldstein argued that the police and prosecutors had failed to exercise due diligence for more than a year from the filing of the complaint.

Ultimately, the Philadelphia Court of Common Pleas judge agreed. The trial judge dismissed all of the charges, and the record can now be expunged. The appellate courts have increasingly enforced the speedy trial rules in Pennsylvania over the last few years. Filing criminal charges against someone is a serious thing, and the Commonwealth is not allowed to just leave cases sitting for years without taking real steps to move the cases forward. Here, the police did nothing to locate and extradite the client despite knowing where he was. This led to pending charges sitting against the client for years. That is exactly what Rule 600 prohibits. Accordingly, the judge dismissed the case.

What is Rule 600?

Rule 600 is Pennsylvania’s speedy trial rule. It applies to felony cases in Philadelphia. Municipal Court misdemeanor cases have a different rule (Rule 1013). Under Rule 600(a), the Commonwealth generally must bring the defendant to trial within 365 days of the filing of the complaint. There are lots of exceptions - defense continuances, continuances due to the court’s schedule, and continuances where the Commonwealth acted with due diligence but could not move forward due to circumstances outside of their control all may not count words the 365 days. But in general, if the case is delayed because the Commonwealth is not ready to proceed without a very good excuse, the time counts against the Commonwealth. Obtaining dismissal under the rule requires filing a written motion in the Court of Common Pleas.

Under Rule 600(b), a defendant in custody because they cannot afford bail may only be held for 180 days before they should be released on nominal bail (usually with house arrest). Again, there are exceptions for defense continuances, but they are more limited. Additionally, the Commonwealth usually responds to a 600(b) speedy trial bail motion by moving to revoke the defendant’s bail. In that case, the trial judge will have to make a determination as to whether the defendant is such a flight risk or danger to the community that bail should be revoked. In less serious cases, the defendant will almost always be released. In more serious cases such as shootings and rapes, this becomes a bigger issue.

The Pennsylvania Supreme Court has repeatedly instructed the trial courts to follow the rule and enforce it more reliably over the last few years, and courts have begun to do so. Here, the trial court followed the rule and dismissed the charges.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Philadelphia Criminal Lawyer Zak T. Goldstein, Esquire

Zak Goldstein 6/21/24 Zak Goldstein 6/21/24

PA Supreme Court: Speedy Trial Rule (Rule 600) Runs From Filing of Second Complaint When Commonwealth Acts Diligently

Criminal Defense Attorney Zak T. Goldstein, Esquire

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Womack, holding that the speedy trial rule (Pa.R.Crim.P. 600) runs from the filing of a second related complaint as long as the Commonwealth acted diligently in the prosecution of the case.

The Facts of Womack

On October 6, 2017, Pennsylvania State Trooper Andrew Corl led a search at Tyler and Bobbi Martin's home in Huntingdon County. The search uncovered a large sum of money, drugs, and stolen firearms linked to Marcus Womack. Womack was immediately arrested and charged with nine offenses, including possession with intent to deliver (PWID), conspiracy to commit PWID, and possession of a firearm by a person prohibited.

Following his arrest, further investigation revealed Womack's involvement in a larger drug trafficking operation extending to Philadelphia and Pittsburgh. This led to a second criminal complaint with additional charges based on new evidence.

The Office of the Attorney General (OAG) took over the case. It conducted a grand jury investigation and ultimately filed the second, more extensive complaint against Womack involving additional charges.

The Rule 600 Motion

Womack eventually moved to dismiss the case, arguing that the Commonwealth violated his rights by not bringing him to trial within 365 days as required by Rule 600. Womack argued that the time for speedy trial purposes should start on the date the Commonwealth filed the first complaint. The Commonwealth responded that the time did not begin to run until the filing of the second complaint because the Commonwealth acted with due diligence during the prosecution of the case. The trial court denied the motion, concluding that the second complaint was based on new evidence legitimately uncovered during the subsequent investigation. It did not stem from an attempt to violate Rule 600 or Womack’s speedy trial rights.

The Superior Court affirmed the trial court’s decision, opining that the prosecution exercised due diligence in the period between the two complaints. The defendant appealed further, and the Pennsylvania Supreme Court accepted the appeal. Ultimately, the Supreme Court of Pennsylvania agreed, stating that the filing of the second complaint was necessitated by factors beyond the prosecution's control and that the grand jury investigation was a necessary and diligent step. In other words, the police properly arrested Womack when they conducted the initial search. They were not required to wait to bring charges while they investigated further. And once they arrested him, they realized that additional investigation was necessary, so it was not unreasonable for the Commonwealth to later file a second complaint once it uncovered additional evidence of criminal activity. As the Commonwealth never acted with the purpose of delaying trial and investigated the case in a diligent manner, the time ran from the filing of the second complaint, giving the Commonwealth more time to prosecute the defendant.

The key issue in these cases is due diligence. Where the prosecution acts with due diligence, the time runs from the second complaint and the prosecution will have more time to bring the defendant to trial. Where the prosecution acts without due diligence (such as in letting a case get dismissed because it failed to make sure that witnesses showed up for court), the time will run from the first complaint and a speedy trial motion may be successful. In this case, all of the courts involved found that the prosecution acted with due diligence. The prosecution's efforts to investigate further after the first complaint demonstrated due diligence. The grand jury process was crucial to uncovering the full extent of Womack's criminal activities. Therefore, the Supreme Court ruled that the timeline for Rule 600 starts from the filing of the second complaint if it arises from new evidence and the prosecution acts diligently.

These cases are generally fact specific. In this case, the prosecution did not really do anything unfair to intentionally or even negligently cause delays. The first arrest led to a broader investigation that uncovered evidence that supported additional charges, so it was not unreasonable for the Commonwealth to file a second complaint. The Commonwealth acted with due diligence, so it had the benefit of Rule 600’s deadline being calculated from the date the second complaint was filed rather than the first.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Zak Goldstein 6/8/24 Zak Goldstein 6/8/24

PA Supreme Court: PCRA Court Should Hold Hearing to See if Appointing New Counsel Warranted When Defendant Raises Claims of PCRA Counsel’s Ineffectiveness on Appeal

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Greer, holding that the lower courts erred in requiring an attorney to continue representing the defendant/PCRA petitioner on appeal without first holding a hearing to determine whether the petitioner should have received a new attorney or represented himself for the appeal. In Greer, the defendant submitted pro se filings while the denial of his PCRA petition was on appeal alleging that PCRA counsel, who was still representing him for the appeal, had provided the ineffective assistance of counsel in the PCRA proceedings by failing to raise meritorious claims. The Supreme Court held that before requiring counsel to file a merits brief on the issues he did raise, the lower courts should have held a hearing to determine whether the appointment of new counsel was necessary or alternatively, whether the defendant should be required or allowed to represent himself.

The Facts of Greer

A jury convicted Greer of first-degree murder and carrying a firearm without a license. He appealed to the Superior Court, and the Superior Court affirmed on direct appeal. The Pennsylvania Supreme Court denied a petition for allowance of appeal.

Following the conclusion of his direct appeals, Greer filed a timely pro se PCRA petition. The court appointed counsel for him, and his court-appointed counsel eventually filed an amended PCRA petition. The PCRA court denied the petition, and counsel filed an appeal on Greer’s behalf.

While the appeal was pending, Greer submitted a request for remand to raise claims that his PCRA counsel provided the ineffective assistance of counsel in failing to raise certain meritorious claims. The Superior Court remanded the case to the PCRA court to address these new claims, but the Commonwealth filed for reconsideration, arguing that the Superior Court should first address the claims which had already been developed by PCRA counsel. The Superior Court then directed counsel to file a merits brief on those issues. The defendant appealed, and the Pennsylvania Supreme Court accepted the appeal to decide whether the PCRA court should hold a hearing on who should represent the defendant for appeal or whether the Superior Court properly decided that the claims which had already been developed should be resolved first.

The Supreme Court’s Ruling

The Supreme Court reversed and remanded the case back to the PCRA court for a hearing on whether the defendant should receive new counsel, represent himself, or continue to be represented by PCRA counsel. The Court ruled that when an appellate court identifies potential ineffectiveness claims against current PCRA counsel, the proper procedure is to remand the case to the PCRA court to determine whether they have potential merit and who should represent the defendant. This remand should include an on-the-record colloquy with the petitioner about their right to counsel, the prohibition of hybrid representation (where the petitioner would partially represent themselves while also having counsel), and how they wish to proceed.

The Supreme Court emphasized that the Superior Court should have remanded the case for a hearing to clarify Greer’s representation status before directing his PCRA counsel to file a merits brief on any of the issues. By forcing PCRA counsel to file a merits brief on the developed issues, the Superior Court inadvertently allowed hybrid representation, which is prohibited and undermines the appellate process. Therefore, the Court remanded for the PCRA court to determine who should represent the petitioner or alternatively, whether he should be allowed to proceed pro se.

Ultimately, this case resolves a complicated procedural issue that will not arise in every case, but it does show that the appellate courts have become much better about providing protections to ensure that PCRA petitioners receive the effective assistance of counsel. Previously, there was no meaningful way for a petitioner to challenge the ineffective assistance of PCRA counsel in state court. These claims would have to be raised in federal court by filing a federal habeas petition pursuant to 28 U.S.C. § 2254. Now, however, a PCRA petitioner may retain new counsel or ask for new court appointed counsel and raise those issues on appeal of the denial of a PCRA petition if they can identify legitimate issues of PCRA counsel’s ineffectiveness.

Facing criminal charges or appealing a criminal case in Pennsylvania?

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