J-A24001-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT
OF
PENNSYLVANIA
Appellee
v.
STANFORD WILLIAMS
Appellant No. 1932 WDA 2015
Appeal from the PCRA Order November 9, 2015
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0000019-1994
BEFORE: MOULTON, J., SOLANO, J., and MUSMANNO, J.
MEMORANDUM BY MOULTON, J.: FILED December 1, 2017
Stanford Williams appeals from the November 9, 2015 order entered in
the Allegheny County Court of Common Pleas denying his petition filed under
the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-46. We affirm.
We have previously set forth the factual history of this case, which we
incorporate and adopt herein. Commonwealth v. Williams, No. 126 WDA
2000, unpublished mem. at 1-5 (Pa.Super. filed Aug. 9, 2002) (quoting Trial
Court Opinion, 12/7/00, at 2-7).
This case has a complicated procedural history. Following a November
1996 trial, a jury was unable to reach a verdict. In August 1998, a second
trial ended in a mistrial. On November 23, 1999, following a third trial,
Williams was convicted of first-degree murder, burglary, criminal conspiracy,
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careless driving, and driving on the right side of the road.1 On December 15,
1999, the trial court sentenced Williams to life in prison for the murder
conviction and a consecutive term of 5 to 10 years’ imprisonment for the
conspiracy conviction. This Court affirmed the judgment of sentence on
September 9, 2011,2 and the Pennsylvania Supreme Court denied Williams’
petition for allowance of appeal on April 10, 2012.
On October 23, 2012, Williams filed a timely pro se PCRA petition. The
PCRA court appointed counsel, who filed an amended petition. The PCRA court
held an evidentiary hearing. On November 17, 2015, the PCRA court denied
the petition, finding the issues lacked merit. On December 15, 2015, Williams
filed a timely notice of appeal.
Williams raises the following issues on appeal:
I. Did the lower court abuse its discretion in dismissing the
PCRA petition where the petition was timely filed; [Williams]
is serving a term of imprisonment pursuant to the instant
convictions; he is eligible for relief based on violations of his
constitutional rights; and his claims have not been
previously litigated or waived?
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18 Pa.C.S. §§ 2501(a), 3502, and 903(a)(1); 75 Pa.C.S. §§ 3714, and
1
3301, respectively.
2This Court originally remanded to the trial court for a hearing and re-
assessment of Williams’ Rule 600 motion. Commonwealth v. Williams, No.
126 WDA 2000, unpublished mem. at 13-14 (Pa.Super. filed Aug. 9, 2002).
Following remand, the trial court granted the motion. On appeal, this Court
reversed and re-instated the judgment of sentence. Commonwealth v.
Williams, No. 35 WDA 2005, unpublished mem. (Pa.Super. filed June 27,
2006). On March 2, 2007, the Pennsylvania Supreme Court denied Williams’
petition for allowance of appeal. Williams direct appeal rights were re-instated
and he appealed, raising issues other than the Rule 600 issue.
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II. Did the lower court abuse its discretion in dismissing the
PCRA petition where [Williams] established that his
convictions were obtained in violation of the double jeopardy
clause, and his right to the effective assistance of counsel of
the United States and Pennsylvania Constitutions, because
trial counsel failed to move to dismiss the charges on double
jeopardy grounds?
III. Did the lower court abuse its discretion in dismissing the
PCRA petition where [Williams] established that his
convictions were obtained in violation of his right to due
process of law under the United States and Pennsylvania
Constitutions, because trial counsel was ineffective for
failing to lay a proper foundation for calling witness John
Elash who would have raised a reasonable doubt as to the
probative value of gunshot residue evidence?
Williams’ Br. at 4.
In his first issue, Williams argues his petition was timely, he is currently
incarcerated, and his claims are not previously litigated or waived. The PCRA
court reviewed the merits of Williams’ claims and dismissed his PCRA petition
because the claims raised lacked merit. The PCRA court did not dismiss the
petition because the petition was untimely, because Williams was not currently
incarcerated, or because the claims were previously litigated or waived. This
issue, therefore, does not merit relief.
Williams next argues that his trial counsel was ineffective for failing to
file a motion to bar re-trial following the grant of a mistrial during the August
1998 trial. He argues that the double jeopardy provisions of the United States
and Pennsylvania Constitutions prohibited the Commonwealth from
proceeding with the November 1999 trial. He maintains that he did not
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request or consent to the mistrial, but rather that the trial court granted the
mistrial sua sponte without a manifest necessity to do so.
During the August 1998 trial, Williams’ counsel, John Elash, Esquire,
informed the trial court that a defense witness, John Faingnaert, whose
testimony had been stipulated to for the November 1996 trial, had altered his
testimony. N.T., 8/13/98, at 315. The 1996 stipulation, which was based on
an affidavit from the witness and from the witness’s discussions with Elash,
stated that Faingnaert
met Stanford Williams on the premises of the State
Gamelands on November 7, 1996, between 12:00 and 1:00
p.m. Mr. Faingnaert assisted Mr. Williams with the cleaning
and test-firing of his deer rifle for the upcoming deer season,
and this was a bolt-action rifle.
I'm sorry. 1993. I'm sorry. That was November 7, 1993.
N.T., 11/19-22/96, at 391-92; see also N.T., 8/13/98, at 315, 317. In August
1998, Faingnaert informed the Commonwealth that he had not seen Williams,
nor had he told Elash that he had seen Williams. N.T., 8/12-14/98, at 315,
317. The following exchange then occurred:
[THE COURT]: The problem that we have is that you can’t
put that testimony forward because testimony through
[Williams’] sister is hearsay. You would have to put him up
and you would be impeaching your own witness. You
couldn’t waive claims of ineffectiveness for your failure to
come and testify in any subsequent impeachment of that
witness if put forward by [the Commonwealth].
...
We’re left in a situation where there is no out in terms of the
continuation of this particular trial.
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[DEFENSE COUNSEL]: Your Honor, I also, I don’t know
what Mr. Williams wants to do. I know he has paid for four
different attorneys in the recent past, he has paid for two
trials to me. I don’t know if he has the funds to even go
forward. I guess we would have to let the Court know that.
Obviously, I can’t continue to represent him.
THE COURT: You’re going to be a witness?
[DEFENSE COUNSEL]: I am going to be a witness. If [the
Commonwealth] wants to supplement, that is my
understanding.[3]
Id. at 317-18. The trial court granted “[Williams’] motion for a mistrial.” Id.
at 321.4
On direct appeal following his November 1999 trial, we found that
Williams waived his claim that the proceedings should have been dismissed
on double jeopardy grounds because he did not raise it before the trial court.
Commonwealth v. Williams, No. 824 WDA 2008, unpublished mem. at 8
(Pa.Super. filed Sept. 9, 2011). We further noted that even if he had not
waived the claim, Williams would not be entitled to relief because he sought
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3The certified record in this case contains only limited portions of the
record from the August 1998 trial. Based on our review of that limited record,
it appears that Faingnaert’s recantation led Williams’ trial counsel to perceive
the need to testify about his earlier discussions with Faingnaert, thus
necessitating a new trial.
4 The certified record contains only pages 315 through 322 of the
transcript from the August 1998 trial. Although that portion of the transcript
does not contain a “motion” for a mistrial, counsel stated that he could not
continue to represent Williams because counsel would be a witness. Further,
counsel did not object after the trial court granted “[Williams’] motion for a
mistrial.” N.T., 8/12-13/98, at 321.
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the mistrial and, therefore, a subsequent trial was not barred by double
jeopardy. Id. at 9.
The PCRA court denied Williams’ ineffective assistance of counsel claim,
reasoning that the underlying claim lacked merit. It found that, because
Williams requested a mistrial, the claim that double jeopardy barred a re-trial
was meritless. This was not error.
Williams next argues that his counsel at his November 1999 trial, David
Shrager, Esquire, was ineffective for failing to lay a proper foundation for the
admission of the testimony of Elash, Williams’ prior counsel. The PCRA court
found:
A hearing was held on Williams’ petition for post–conviction
relief at which hearing Elash testified. By raising the claim
of Shrager’s[5] ineffectiveness for failing to lay the proper
foundation, Williams failed to put forward any information
during Elash’s testimony as to what the scope of Elash’s
testimony would have been.[6] It is known that at the first
____________________________________________
5 Shrager was deceased at the time of the PCRA hearing.
6At the November 1999 trial, the Commonwealth requested an offer of
proof regarding Elash’s testimony. The following exchanged then occurred:
MR. SHRAGER: John spoke to Mr. Faingnaert on earlier
occasions, and he would indicate that Mr. Faingnaert said
that he had met with Stanford on November 7th, 1993 at
the Gamelands, and that Mr. Faingnaert said to John Elash
that he helped Mr. Williams sight the gun and clean the gun,
or that he taught him how to clean the gun. He told him he
taught him what was necessary to clean the gun, and that
would be the offer.
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trial Williams presented the testimony of John Faingnaert,
who testified that he was game warden and that he assisted
Williams in shooting and cleaning a rifle. This testimony was
put forward to help explain why gunshot residue may have
appeared on Williams’ hand when he was apprehended by
the police and subsequently subjected to a gunshot residue
test. Elash was available to testify on this subject, however,
was never once asked a question during the post-conviction
relief hearing as to what his testimony would have been. It
was incumbent upon Williams not only to plead, but also to
prove this particular claim of error and he has failed to do
so.
1925(a) Op. at 7. We agree and conclude that the PCRA court did not err.
Order affirmed.
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MR. MERRICK: That wasn’t challenged. Mr. Faingnaert went
beyond the offer in terms of what he said, and I hadn’t heard
some things, but on those points it wasn’t challenged, and I
might add I suspect that this testimony is being offered to
show that he cleaned the gun, and that would be for the
truth of the matter asserted. Faingnaert wasn’t asked about
that by the defense on direct, and he wasn't crossed on it.
THE COURT: He said he told whoever he was meeting with
how to clean a gun.
MR. MERRICK: And that wasn’t challenged. I didn't ask him
question one about that, and I strongly object to this
testimony.
THE COURT: Sustained.
N.T., 11/23/99, at 34-35.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/1/2017
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