COMMONWEALTH OF PENNSYLVANIA v. DESMOND MARKEL HAMMOND
No. 1282 MDA 2007 2008 PA Super 128 Atlantic: n/a Filed: 6/11/2008
Appeal from the Order entered June 28, 2007 In the Court of Common Pleas of Schuylkill County Criminal at No(s): CP-54-CR-0000500-2004
Before: STEVENS, PANELLA, and HUDOCK, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: HUDOCK, J.
The Commonwealth appeals from the order entered in the Court of Common Pleas of Schuylkill County, which granted Appellee’s petition filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546 vacated Appellee’s judgment of sentence, and directed a new trial due to the ineffective assistance of trial counsel, coupled with after-discovered evidence. The Commonwealth contends the PCRA court erred in granting Appellee a new trial on the basis (1) trial counsel was ineffective in failing to call as a witness and investigate properly Achille Walker and (2) after-discovered evidence in the form of Kelvin Robertson’s recanted testimony. We reverse the order granting a new trial and reinstate Appellee’s judgment of sentence.
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Showing posts with label Witness. Show all posts
Showing posts with label Witness. Show all posts
Wednesday, June 11, 2008
Tuesday, April 1, 2008
Superior Court 4/1/08 - COMMONWEALTH OF PENNSYLVANIA v. GARY BANKS
COMMONWEALTH OF PENNSYLVANIA v. GARY BANKS
No. 1075 WDA 2007 2008 PA Super 57 Atlantic: n/a Filed: 4/1/2008
Appeal from the Judgment of Sentence May 11, 2007In the Court of Common Pleas of Fayette CountyCriminal, No. 741 of 2006
Before: BENDER, GANTMAN, AND TAMILIA, JJ.
Opinion by: GANTMAN, J.
Appellant, Gary Banks, appeals from the judgment of sentence entered in the Fayette County Court of Common Pleas, after a jury convicted him of aggravated assault and simple assault. Appellant asks us to determine whether the trial court abridged Appellant’s “absolute” constitutional right to compel the attendance at trial of his four proposed inmate-witnesses. We hold under both federal and state law, the trial court generally has discretion on motions to secure witnesses and properly exercised its discretion in this case to deny transport orders for Appellant’s proposed inmate-witnesses, absent a plausible showing the witnesses would provide material testimony favorable to Appellant’s defense. Accordingly, we affirm.
No. 1075 WDA 2007 2008 PA Super 57 Atlantic: n/a Filed: 4/1/2008
Appeal from the Judgment of Sentence May 11, 2007In the Court of Common Pleas of Fayette CountyCriminal, No. 741 of 2006
Before: BENDER, GANTMAN, AND TAMILIA, JJ.
Opinion by: GANTMAN, J.
Appellant, Gary Banks, appeals from the judgment of sentence entered in the Fayette County Court of Common Pleas, after a jury convicted him of aggravated assault and simple assault. Appellant asks us to determine whether the trial court abridged Appellant’s “absolute” constitutional right to compel the attendance at trial of his four proposed inmate-witnesses. We hold under both federal and state law, the trial court generally has discretion on motions to secure witnesses and properly exercised its discretion in this case to deny transport orders for Appellant’s proposed inmate-witnesses, absent a plausible showing the witnesses would provide material testimony favorable to Appellant’s defense. Accordingly, we affirm.
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