PA Superior Court: Defendant’s Involuntary Absence During Taking of Verdict Requires New Trial

Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Superior Court has decided the case of Commonwealth v. DeCosta, holding that the trial court erred in continuing jury deliberations and taking the jury’s verdict in the defendant’s absence because the absence was not the defendant’s fault. DeCosta re-affirms the fact that criminal defendants in Pennsylvania have a fundamental right to be present for their trials. Although that right may be waived by a defendant, a court obviously may not continue proceedings where the defendant is absent involuntarily.

The Facts of DeCosta

In DeCosta, the defendant was arrested for threatening two strangers with a knife in front of a Pathmark store. One of the strangers drew a gun and warned the defendant to stop, but the defendant ignored the warning. The stranger shot the defendant in the groin as the defendant charged him with the knife, causing serious injury. Despite the significant injuries to the defendant, prosecutors charged the defendant with two counts each of Aggravated Assault, Terroristic Threats, Simple Assault, and Recklessly Endangering Another Person. They also charged him with one count of possessing an instrument of crime for the knife.  

The defendant proceeded to trial by way of jury trial. The jury began its deliberations on a Friday. The jury did not reach a verdict that Friday and was scheduled to reconvene on the following Monday. As deliberations were set to resume, the defendant’s attorney informed the judge that the defendant had been hospitalized over the weekend with sepsis. The defense attorney informed the court that the defendant was sedated and on a ventilator and therefore could not attend the trial. The defense attorney provided documentation confirming the defendant’s medical problems and refused the court’s request that he waive his client’s presence for any questions from the jury.

Despite the defense attorney’s refusal to waive his client’s presence, the court decided to proceed in absentia. The court found that no prejudice would result from the defendant’s absence and that defense counsel could address any questions from the jury without his client there. Defense counsel objected and asked either that the judge stay the proceedings or declare a mistrial. The judge refused, and the jury subsequently requested instructions on the definitions of certain criminal charges. The defense attorney again objected to proceeding in absentia, but the court overruled the objection and re-instructed the jury on the definition of the charges. Shortly thereafter, the jury found the defendant not guilty of Aggravated Assault but guilty of possessing an instrument of crime and one count of terroristic threats. Once the defendant recovered from sepsis, the trial judge sentenced him to 4-10 years’ incarceration for these misdemeanor convictions.

The Appeal of the Criminal Case

The defendant appealed his conviction to the Superior Court, arguing that he was entitled to a new trial because the trial judge improperly continued the proceedings without him. He argued that he had both a statutory and constitutional right to be present in court for the jury’s questions and the taking of the verdict. Ultimately, the Superior Court found that the defendant was entitled to a new trial because he did have a statutory right to be present. It noted that Rule 602(A) of the Pennsylvania Rules of Criminal Procedure provide the defendant with the right to be present at every stage of a trial. Specifically, the rule provides:

The defendant shall be present at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. The defendant’s absence without cause at the time scheduled for the start of trial or during trial shall not preclude proceeding with the trial, including the return of the verdict and the imposition of sentence.

Given the clear language of the rule, the court concluded that the defendant had the right to be there for the return of the verdict by the jury unless the defendant had waived that right through his own actions. In the trial court’s opinion, the judge had tried to argue that the defendant waived that right because the defendant had pretended to be in more pain from his shooting injury than he really was, had faked the need for a wheelchair in front of the jury, and had possibly tried to commit suicide because he was found to have pain medication and anxiety medication in his blood when he went to the hospital for the sepsis.

The Superior Court, however, rejected the trial court’s opinion. It found that the trial court overstepped its role and became an advocate for the prosecution instead of a neutral fact finder. The burden of showing that a defendant has voluntarily chosen not to appear for court rests with the Commonwealth, and the Commonwealth introduced no concrete evidence that the defendant had either tried to commit suicide or that he did not really need to go to the hospital. Instead, the trial judge had improperly assumed the role of prosecutor and relied on speculation in finding that the defendant chose not to be present for trial. Therefore, the Superior Court awarded the defendant a new trial.

Notably, the Superior Court found that the defendant was only entitled to the new trial due to the Pennsylvania Rules of Criminal Procedure. The Constitution did not require that he receive a new trial. Although the Due Process Clause of the Constitution requires the defendant’s presence for a trial to proceed, there are exceptions for minor parts of the proceedings where the defendant would not suffer prejudice from not being present. The defendant may not have suffered prejudice from his failure to be there, so the Superior Court relied entirely on the Pennsylvania Rules of Criminal Procedure in reaching its decision. Nonetheless, this is a good decision from the Superior Court which confirms what should be obvious – that a trial court cannot proceed with a trial where the defendant has fallen ill with a life-threatening condition through no fault of his or her own.

Facing criminal charges? We can help.

Goldstein Mehta LLC Criminal Defense Attorneys

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, Possession with the Intent to Deliver, Aggravated Assault, and Attempted Murder. 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. 

Indicting Grand Juries in Philadelphia State Court

Criminal Defense Attorney Zak T. Goldstein, Esq.

If you get arrested for a felony charge in Philadelphia, you will usually go through preliminary arraignment within 12-24 hours and then receive a court date for a preliminary hearing. A preliminary hearing is a short hearing at which some of the Commonwealth’s main witnesses in the case will testify subject to cross-examination, and a Philadelphia Municipal Court Judge will then rule whether the Commonwealth has presented sufficient evidence to show that a crime occurred and that the defendant probably committed it. Recently, however, the Pennsylvania Supreme Court amended the Pennsylvania Rules of Criminal Procedure to give prosecutors the ability to dispense with the requirement of presenting live testimony at a preliminary hearing. Instead, prosecutors in cases in which there is a risk of witness intimidation may try to proceed by indicting grand jury. Indicting grand juries are usually used in cases involving violent crimes such as Attempted Murder, Aggravated Assault, and Witness Intimidation. In Philadelphia, they are often used to prosecute non-fatal shootings.

What is an Indicting Grand Jury?

The indicting grand jury process is a secretive process which allows the prosecution to avoid presenting its witnesses in open court at a preliminary hearing where they would be subject to cross-examination. Instead, Rule 556 of the Rules of Criminal Procedure provides that a Court of Common Pleas may proceed by using an indicting grand jury in cases in which witness intimidation has occurred, is occurring, or is likely to occur.

Instead of presenting its case at a preliminary hearing following the defendant’s arrest, the prosecution may file a motion to move forward by way of indicting grand jury. The motion must allege facts asserting that witness intimidation has occurred, is occurring, or is likely to occur. The defense does not get an opportunity to contest the allegations in the motion. Instead the president judge or a designee of the president judge for the judicial district reviews the motion ex parte (meaning without the defense present) and decides whether or not the Commonwealth has met its burden of alleging some risk of witness intimidation.

If the judge rules that the Commonwealth has met that low burden, then the court will cancel the preliminary hearing and schedule the case for a hearing in the Court of Common Pleas. The Commonwealth will then have 21 days to present its case to the grand jury for indictment unless the defendant waives his or her right to an indictment by grand jury or the Commonwealth chooses not to proceed. If the Commonwealth chooses not to proceed, then the defendant should receive a preliminary hearing in front of a Court of Common Pleas Judge.

In Pennsylvania, an indicting grand jury is made up of 23 legally qualified jurors and between 7 and 15 alternates. The supervising judge examines the grand jurors to determine whether or not they can be fair when hearing cases, but the defense has no ability to challenge grand jurors for cause as the defense would in a criminal trial prior to an indictment. Fifteen members of the grand jury constitute a quorum, and an affirmative vote of twelve members of the grand jury will be enough to indict a defendant on felony charges.

Once the grand jury has been selected, the Commonwealth may present its case to the grand jury. This means that the Commonwealth may call some of the witnesses or victims in the case and often the assigned police detective to testify. The grand jurors hear that testimony and then decide whether or not they should indict the defendant. This testimony is recorded and eventually turned over to the defense, but there is no defense attorney in the room to make evidentiary objections, cross-examine witnesses, or make argument to a judge or the grand jurors that the evidence does not support the charges.

What happens if I get indicted?  

If the grand jury votes to indict the defendant, then the Commonwealth notifies the defense and the supervising judge at a status hearing in the Court of Common Pleas. The judge will then schedule the case for a scheduling conference before the judge who will hear the trial. That judge will then set two court dates – a first date on which the Commonwealth must turn over discovery, and a second date for trial which will be sixty days after the discovery date. In many cases, the trial date may not be for eight months or more, so a defendant could be incarcerated due to a high bail or a probation detainer for up to six months or more without any access to the discovery or without even knowing the specific allegations against him or her. A defendant who has a preliminary hearing has the opportunity to move for dismissal of the charges just a few weeks after arrest, but a defendant who is indicted may not be able to challenge the charges for months or even years. Grand jury cases, however, are supposed to receive priority on the trial date, meaning that they should go forward even if other cases on the judge’s docket are older or more serious.  

Will I still get a preliminary hearing?

No, if the Commonwealth chooses to proceed by way of indicting grand jury, then you will not receive a preliminary hearing even if you are facing felony charges. Instead, the Commonwealth will conduct the secret grand jury hearing. If the grand jury chooses to indict, then you will be indicted without ever having had an opportunity to challenge the evidence against you in open court. You do, however, retain the right to file pre-trial motions to dismiss/quash the charges just as you would if a preliminary hearing occurred.

In a limited number of cases, the Commonwealth may file the motion to proceed by way of indicting grand jury and later change its mind and schedule the case for a preliminary hearing. In that situation, you would have a preliminary hearing before a Court of Common Pleas judge instead of with a Municipal Court judge. This is a significant disadvantage for the defense because this procedure prevents the defendant from litigating a Motion to Quash. When the defendant is erroneously held for court at a preliminary hearing by a Municipal Court judge, the defendant may file a Motion to Quash (also called a Petition for Writ of Habeas Corpus in the suburban counties) and ask a higher-ranking Common Pleas Judge to review the charges. A defendant who has been held for court by a Common Pleas judge, however, cannot really litigate a Motion to Quash because a Common Pleas judge has already ruled on whether the Commonwealth presented a prima facie case. A Common Pleas judge cannot overrule the first judge’s decision because they have the same level of authority.  

What is the difference between an Indicting Grand Jury and a Preliminary Hearing? 

A Philadelphia preliminary hearing takes place in open court and proceeds in a similar manner to a criminal trial. The prosecution calls a number of witnesses to testify as to what happened in order to try to establish a prima facie case of each criminal charge, and the defendant’s lawyer then has the opportunity to cross-examine those witnesses. The defense may also present evidence after the Commonwealth has rested. Once both sides have rested, the lawyers may make argument to the Municipal Court judge on why certain charges should be dismissed or the gradation of charges should be reduced. The judge will then decide whether to hold the defendant for court on the felony charges, remand the case to Municipal Court for trial on misdemeanor charges, or dismiss the case altogether. The defense may also make a bail motion or a motion for a lineup at a preliminary hearing.

The indicting grand jury process, however, is secretive and provides the defendant with few rights. The defendant is typically arrested, held on a high bail due to the allegations of witness intimidation, and not provided with any opportunity to challenge the case until shortly before trial or at trial. The witnesses may testify to the grand jury, but they are not subject to cross-examination, and the defense may not present evidence to the grand jury. The rules of evidence are often enforced to some extent at a preliminary hearing, meaning that a hearing cannot proceed entirely on hearsay, but the defense is not present to make evidentiary objections at a grand jury hearing. The defense lawyer also may not argue to the grand jury that the Commonwealth has failed to prove a prima facie case of the charges. Therefore, the Commonwealth can usually get the grand jury to indict on whatever charges it wants.

Can I still file a Motion to Quash the charges?

Yes, despite the significant disadvantages to a defendant who has been charged by way of indicting grand jury, there are still opportunities to challenge the charges prior to trial. For example, a defendant may still file a motion to quash the charges and argue to the Common Pleas judge that the prosecution failed to meet its burden of establishing that a crime occurred and that the defendant probably committed it. The defense may also file motions challenging the jurisdiction of the grand jury, asserting an expiration of the statute of limitations, or an objection to a grand juror’s qualifications. The defense may also file any other pre-trial motions such as a motion to suppress evidence which was illegally seized or motions in limine.

Facing criminal charges? We can help.

Criminal Defense Attorneys

Although a defendant who has been charged by way of grand jury in Philadelphia is at a disadvantage due to the lack of a preliminary hearing, there are still often ways to challenge the case through pre-trial motions. Additionally, the defendant is still entitled to a trial before a judge or jury at which the Commonwealth must prove the charges beyond a reasonable doubt. If you are facing criminal charges or under investigation, we can help. Our experienced and understanding Philadelphia criminal defense lawyers offer a free 15-minute criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an award-winning defense attorney today.  

PA Supreme Court Permits Filing of Second PCRA Where Attorney Filed First Petition Too Late

Philadelphia PCRA Lawyer Zak Goldstein

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Peterson. In Peterson, the Court held that where a Post-Conviction Relief Act (PCRA) Petitioner’s lawyer files the petition late, thereby resulting in the dismissal of the petition for failure to comply with the Act’s procedural requirements, the Petitioner may file a second PCRA Petition even outside of the one-year deadline for filing a PCRA. This is a great decision by the Court. It recognizes that a criminal defendant should not lose the ability to file a PCRA solely because a defense attorney, without telling the defendant, provided the ineffective assistance of counsel in failing to file a PCRA Petition on time.

The Facts of Peterson

In Peterson, the defendant pleaded guilty to two counts of first-degree murder in 1993 and received two consecutive life sentences. In 1995, the General Assembly enacted major amendments to Pennsylvania’s Post-Conviction Relief Act, including an amendment which required that all petitions be filed within one year of the date the judgment of sentence becomes final. The amendments included three exceptions to the one-year deadline. The relevant exception in this case provides: “the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence.”

These amendments gave Peterson the right to file a PCRA by January 16, 1997. Peterson’s family retained a private attorney to file a PCRA. The attorney drafted the PCRA but filed it one day late on January 17, 1997. The petition alleged that Peterson was not competent to plead guilty and therefore his plea was not a knowing, intentional, and voluntary waiver of his constitutional rights because Peterson had suffered a gunshot wound to his head that damaged the frontal lobes of his brain.

The trial court scheduled an evidentiary hearing and gave defense counsel time to obtain an expert to provide an opinion on Peterson’s mental competency at the time of the guilty plea. The court scheduled a hearing on November 5, 1997. The hearing apparently never took place on that date, and the docket does not indicate the reason why did it did not take place. Nothing happened for nearly fifteen years.

In September 2012, Peterson wrote a letter to the clerk of courts asking about the status of his case. The PCRA court then rescheduled the evidentiary hearing. At the hearing, a doctor testified that Peterson suffered brain damage prior to his plea and that he would not have had the ability to comprehend his position as one accused of murder. The doctor further opined that Peterson would not have been able to cooperate with his criminal defense lawyer and participate in his own defense.

Although not relevant to the disposition of the appeal, It is important to note that PCRA litigation often requires the defense to present actual evidence or expert testimony. It is not enough merely to allege in a Petition that a defense attorney should have retained the services of an expert witness. Instead, the defense attorney generally must retain, identify, and usually provide a report for the expert witness prior to filing the PCRA Petition or the defendant will not be entitled to an evidentiary hearing.

The Commonwealth did not hire its own expert. Instead, it called Peterson’s trial attorney and probation officer to testify. They both testified that they interviewed Peterson prior to the plea and he understood what was going on. The PCRA Court found the trial attorney and probation officer more credible and denied the Petition.

The Superior Court Appeal

Peterson appealed the denial of the PCRA Petition to the Superior Court. The Superior Court, acting sua sponte (meaning on its own), recognized that the first PCRA Petition had been filed one day beyond the relevant deadline. Therefore, the Superior Court quashed the appeal without reaching the merits of whether the PCRA Court properly denied the petition.

Peterson then filed a second PCRA Petition, asking the trial court to reinstate his appellate rights nunc pro tunc due to the ineffective assistance of counsel provided by the attorney who filed the first petition late. The trial court granted that second petition. It ruled that Peterson did not know of the deadline, did not know that his attorney had missed the deadline, and that Peterson could not have known these facts until he received the Superior Court’s opinion dismissing the direct appeal. Therefore, the trial court reinstated his appellate rights under the previously-mentioned exception to the one-year deadline.

With his appellate rights reinstated, Peterson again appealed the denial of the petition to the Superior Court. The Commonwealth also appealed, arguing that the trial court should not have reinstated Peterson’s right to appeal. The Superior Court agreed with the Commonwealth and again dismissed the appeal. The Court found that Peterson’s lawyer had not abandoned him but had simply filed a petition late. The Court held that while the PCRA timeliness requirements sometimes require harsh outcomes, the PCRA confers no authority to fashion ad hoc equitable exceptions to the PCRA time-bar.

The Petition for Allowance of Appeal

Peterson filed a Petition for Allowance of Appeal to the Pennsylvania Supreme Court. The Pennsylvania Supreme Court agreed to hear the appeal and ultimately reversed the decision of the Superior Court.

The Pennsylvania Supreme Court recognized that the complete abandonment of a petitioner by counsel has previously qualified petitioners for the after-discovered evidence time bar. At the same time, the failure of a PCRA lawyer to raise the best possible claims has traditionally not provided petitioners with a basis for filling subsequent petitions beyond the one-year deadline. Thus, the Court recognized that there is a difference between a complete deprivation of a petitioner’s rights, in which the petitioner cannot have any issues addressed at all, and an allegation that a PCRA lawyer should have raised certain claims instead of others.

The Court found that this case resulted in a complete deprivation of rights due to the obvious ineffective assistance of counsel in filing the petition late. Therefore, the Court found that Peterson qualified for the after-discovered evidence exception. Peterson was completely deprived of any consideration of his PCRA Petition. His lawyer’s ineffectiveness was a newly discovered fact, and Peterson did not know of this fact and could not have known of this fact through the exercise of due diligence. He filed his second PCRA Petition within sixty days after he learned that the petition had been filed late. Therefore, the Superior Court erred in dismissing the appeal, and Peterson will be entitled to have the appeal heard on the merits.

Facing criminal charges? We can help. 

Philadelphia Criminal Defense Attorneys

If you are facing criminal charges, have been arrested, or are considering an appeal, we can help. Our experienced and understanding criminal defense attorneys have successfully defended thousands of clients. We have won cases involving serious charges like Homicide, Robbery, Rape, as well as appeals and PCRA Petitions. Our award-winning Philadelphia criminal defense lawyers offer a free 15-minute criminal defense strategy session. Call 267-225-2545 to speak with a defense attorney today.

U.S. Third Circuit Court of Appeals Reverses Murder Conviction for Failure to Present Cogent Defense

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The United States Third Circuit Court of Appeals has decided the case of Workman v. Superintendent Albion SCI, et. al., holding that trial counsel’s failure to present a cogent defense based on the actual evidence presented at trial constituted the ineffective assistance of counsel. The Court found that because defense counsel’s entire defense was based on facts which were not at all based on the evidence presented by the Commonwealth, defense counsel was ineffective in defending Workman.

The Facts of Workman

In August 2006, Workman’s co-defendant shot the victim during an accident which occurred in Philadelphia, Pennsylvania. Hearing the shots, the defendant found the victim and co-defendant and then proceeded to shoot at the co-defendant a total of eight times. One of these bullets ricocheted off a solid object and struck the victim in the chest. The victim also had been shot by the co-defendant. Unfortunately, the victim died as a result of his injuries. According to the assistant medical examiner who testified a trial, either of the two bullets that struck the victim could have caused his death.

Workman and the co-defendant were charged with first-degree murder. Prior to the trial, the Commonwealth offered Workman a plea bargain of twenty years of incarceration in exchange for a guilty plea. Workman rejected this offer because, according to trial counsel, he could not be convicted for killing someone who was already dead. This theory was problematic because the facts did not support trial counsel’s theory because it was unclear as to whether or not the victim was still alive when Workman’s bullet struck him.

What is Transferred Intent?

Despite the undisputed fact that Workman did not intend to kill the victim, the Commonwealth proceeded on the theory of transferred intent and argued that Workman, in firing at the co-defendant, had intended to illegally kill the co-defendant. Therefore, his intent to kill co-defendant transferred when his bullet struck the victim. At trial, the medical examiner would testify that the wound to the victim’s chest, caused by the ricocheted bullet fired by Workman, was “much more immediately fatal,” but that the other bullet fired by the co-defendant could have caused death. Despite the evidence to the contrary, Workman’s defense attorney proceeded under the theory that the victim was already dead when Workman’s bullet struck him. Further, Workman did not present any evidence at his trial. Additionally, his trial counsel’s opening statement was five sentences long. The defense lawyer simply stated that the defense did not plan to present any evidence.

After the conclusion of the Commonwealth’s case, Workman’s trial attorney made a motion for judgment of acquittal, arguing that Workman could not be convicted of killing the victim because the victim was already dead. Workman’s trial attorney did this despite the fact that the evidence of record did not support this claim. The medical examiner had specifically testified that Workman’s bullet could have been the cause of death, and no one testified to the contrary or otherwise rebutted that testimony. The trial court denied trial counsel’s motion. Undeterred, trial counsel made the same argument during closing argument to the jury. Unfortunately for Workman, the jury was not persuaded, and it convicted Defendant of first-degree murder. The jury acquitted the co-defendant. Workman received a mandatory sentence of life imprisonment without parole. He filed direct appeals that were ultimately denied, and after his appeals were resolved, he filed a Post-Conviction Relief Act Petition alleging ineffective assistance of counsel.

Workman’s first PCRA petition was denied. Notably, in this petition, his PCRA lawyer did not allege that his trial counsel failed to present a realistic defense or that he provided incorrect advice that led Defendant to reject a plea offer. Instead, his PCRA attorney alleged that trial counsel’s only failure was in not requesting a jury instruction that indicated that the transferred intent doctrine also applied to Workman’s claim of defense of use of force to protect a third person. This was a bad claim for a PCRA because the jury instruction had actually been provided to the jury.

Habeas Petition

Workman then filed a pro se habeas petition to the Eastern District of Pennsylvania. In his petition, he alleged that because of trial counsel’s ineffective assistance, he rejected a guilty plea and did not testify. Defendant’s habeas petition was subsequently denied by the federal district court, and he then appealed to the Third Circuit. Although not addressed in this article, a considerable portion of the Third Circuit’s opinion focused on the procedural issues and whether or not Workman’s petition could be heard at all because of his failure to raise the issues in his PCRA petition. The Third Circuit held that the PCRA lawyer was ineffective in failing to raise these issues in his PCRA petition. Therefore, Workman should not be penalized for the lawyer’s ineffectiveness and could proceed on the merits.

What is Ineffective Assistance of Counsel?

In Gideon v. Wainwright, the United States Supreme Court held that if you are charged with a crime, you are entitled to an attorney. In Strickland v. Washington, the United States Supreme Court held that a defendant is entitled to a constitutionally adept attorney. In other words, if a defendant’s attorney is so bad, it is possible that the defendant’s Sixth Amendment right to counsel could be violated. In Pennsylvania, if you wish to proceed with an ineffective assistance of counsel claim, you must file a PCRA petition (as the defendant in this case did). Over the years, both Pennsylvania and Federal courts have made it relatively difficult to prevail on these claims. The courts give great deference to the trial attorney’s strategy. Nonetheless, if a petitioner can show that his claim has arguable merit, no reasonable basis existed for counsel’s action or failure to act, and the petitioner suffered prejudice as a result of counsel’s error, then he or she may be successful in getting a new trial.

Third Circuit Holds that Both the PCRA and Trial Attorneys Were Ineffective

In Workman, the Third Circuit was merciless in its criticism of Workman’s trial and PCRA attorneys. In regards to his PCRA attorney, the Court stated “it appears that [PCRA] counsel’s claim was that trial counsel was ineffective for failing to request a jury instruction that was actually given. This is the epitome of a doomed claim.” Because he did not raise any of the obvious and legitimate claims that should have been raised, the Third Circuit found that he was ineffective. Consequently, because defendant’s PCRA counsel was ineffective, he was still eligible for relief despite the procedural failures of his PCRA and habeas petitions.

The Court then addressed his trial attorney’s failures. The Court stated that “counsel’s utter and complete failure to test the Commonwealth’s case with appropriate cross-examination of [the medical examiner], his failure to present witnesses…in support of his position, or to adapt his argument to the testimony in evidence” rendered him ineffective. Further, the Court also held that his counsel “acted as not an advocate of is client but of his theory” and that he “fail[ed] to understand what was happening in the case in which he was ostensibly participating.” As such, because Workman’s trial counsel failed to adapt to the evidence that was presented at trial, he was ineffective. Workman will receive a new trial.

Facing Criminal Charges? We Can Help.

Goldstein Mehta LLC Criminal Lawyers

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, and Attempted Murder. 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.