Com. v. Bradley, T.

J-S43019-16


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA                    IN THE SUPERIOR COURT OF
                                                      PENNSYLVANIA
                         Appellee

                    v.

TRACEY RAYNARD BRADLEY

                         Appellant                   No. 2230 MDA 2015


             Appeal from the PCRA Order November 24, 2015
               In the Court of Common Pleas of York County
            Criminal Division at No(s): CP-67-CR-0004137-2010


BEFORE: GANTMAN, P.J., PANELLA, J., and JENKINS, J.

MEMORANDUM BY PANELLA, J.                              FILED JULY 05, 2016

      Appellant, Tracey Raynard Bradley, appeals pro se from the order

dismissing his petition pursuant to the Post Conviction Relief Act (“PCRA”).

Bradley raises multiple challenges to the PCRA court’s decision. After careful

review of Bradley’s filings and the rest of the certified record, we affirm on

the basis of the PCRA court’s substantive reasoning.

      A jury convicted Bradley of first-degree murder and associated crimes

arising from the murder of Lee Choppin in Choppin’s motel room. This Court

affirmed the judgment of sentence on February 25, 2014. The Supreme

Court of Pennsylvania declined allowance of appeal on July 25, 2014. On

May 5, 2015, Bradley filed the instant, timely first PCRA petition.

      Counsel was appointed to represent Bradley, but subsequently was

permitted to withdraw under Tuner/Finley procedures. The PCRA court
J-S43019-16


provided Bradley with notice of its intent to dismiss his petition. In response,

Bradley filed a request to be permitted to file an amended PCRA petition,

which the PCRA court denied, while granting Bradley additional time to

respond to its notice to dismiss. Bradley did not respond, and the PCRA court

dismissed his petition. This timely appeal followed.

      As a prefatory matter, we must address whether Bradley has waived

all issues on appeal pursuant to Pa.R.A.P. 1925. The PCRA court ordered

Bradley to file a statement of matters complained of on appeal, and has

notified us that it never received such a document from Bradley. The

Commonwealth rightly argues that Bradley’s failure to comply with the PCRA

court’s directive renders all of Bradley’s issues on appeal waived. See

Commonwealth v. Hill, 16 A.3d 484 (Pa. 2011).

      In response to the PCRA court’s and Commonwealth’s arguments,

Bradley has filed multiple documents with this Court in an attempt to

establish that he mailed a statement of matters complained of on appeal to

the PCRA court from the prison in which he is incarcerated. Normally, this

situation would call for a remand to the PCRA court to make factual findings

regarding whether Bradley has complied with Rule 1925 pursuant to the

prisoner mailbox rule. See Commonwealth v. Jones, 700 A.2d 423 (Pa.

1997).

      In this case, however, we conclude that such a step would be a waste

of judicial resources, as the PCRA court, in addition to asserting Bradley’s


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J-S43019-16


non-compliance with Rule 1925, has thoroughly and adequately addressed

the claims Bradley seeks to raise on appeal, to the extent that we can

identify them. To the extent that Bradley is seeking to raise issues in

addition to those addressed by the PCRA court, we conclude such issues are

waived due to the substantial defects in Bradley’s briefs.1

       “On appeal from the denial of PCRA relief, our standard and scope of

review is limited to determining whether the PCRA court’s findings are

supported by the record and without legal error.” Commonwealth v.

Edmiston, 65 A.3d 339, 345 (Pa. 2013) (citation omitted), cert. denied,

Edmiston v. Pennsylvania, 134 S. Ct. 639 (2013). “[Our] scope of review

is limited to the findings of the PCRA court and the evidence of record,

viewed in the light most favorable to the prevailing party at the PCRA court

level.” Commonwealth v. Koehler, 36 A.3d 121, 131 (Pa. 2012) (citation

omitted).



____________________________________________


1
  “When a party’s brief fails to conform to the Rules of Appellate Procedure
and the defects are substantial, this Court may, in its discretion, quash or
dismiss the appeal pursuant to Rule 2101.” Giant Food Stores, LLC v. THF
Silver Spring Development, L.P., 959 A.2d 438, 443 (Pa. Super. 2008)
(citing Pa.R.A.P. 2101). Furthermore, “[w]hen issues are not properly raised
and developed in briefs, when the briefs are wholly inadequate to present
specific issues for review[,] a Court will not consider the merits thereof.”
Branch Banking and Trust v. Gesiorski, 904 A.2d 939, 942-943 (Pa.
Super. 2006). This Court does not take on the mantle of advocate and
perform as appellant’s counsel. See Commonwealth v. Maris, 629 A.2d
1014, 1017 (Pa. Super. 1993).



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J-S43019-16


       “[T]his Court applies a de novo standard of review to the PCRA court’s

legal conclusions.” Commonwealth v. Spotz, 18 A.3d 244, 259 (Pa. 2011)

(citation omitted). In order to be eligible for PCRA relief, a petitioner must

plead and prove by a preponderance of the evidence that his conviction or

sentence arose from one or more of the errors listed at 42 Pa.C.S.A.

§ 9543(a)(2). These issues must be neither previously litigated nor waived.

See 42 Pa.C.S.A. § 9543(a)(3).

       Bradley first argues that his right to be free of coercive questioning

was violated. As the PCRA court accurately notes, however, this issue has

been extensively litigated at trial and on direct appeal. See PCRA Court

Opinion, 2/23/16, at 1-2. It is therefore not the basis for relief under the

PCRA. See 42 Pa.C.S.A. § 9543(a)(3).

       Next,    Bradley     argues,     in     a   multifaceted   attack,2   that   the

Commonwealth failed to prove the cause of Choppin’s death. Once again the

PCRA court correctly notes that this issue was extensively litigated at trial

and on direct appeal, is therefore not a basis for relief under the PCRA. See

PCRA Court Opinion, 2/23/16, at 1, 3.

       Bradley’s final arguments are all based on allegations of trial counsel

ineffectiveness. It is well settled that


____________________________________________


2
  Among others, Bradley contends that the Commonwealth’s medical expert
committed perjury at trial.



                                             -4-
J-S43019-16


      [t]o plead and prove ineffective assistance of counsel a
      petitioner must establish: (1) that the underlying issue has
      arguable merit; (2) counsel’s actions lacked an objective
      reasonable basis; and (3) actual prejudice resulted from
      counsel's act or failure to act.

Commonwealth v. Rykard, 55 A.3d 1177, 1189-1190 (Pa. Super. 2012).

“Generally, where matters of strategy and tactics are concerned, counsel’s

assistance is deemed constitutionally effective if he chose a particular course

that had some reasonable basis designed to effectuate his client’s interests.”

Commonwealth v. Colavita, 993 A.2d 874, 887 (Pa. 2010) (citation

omitted). A failure to satisfy any prong of the test will require rejection of

the claim. See Commonwealth v. Spotz, 84 A.3d 294, 311 (Pa. 2014).

      The right to an evidentiary hearing on a post-conviction petition is not

absolute. See Commonwealth v. Jordan, 772 A.2d 1011, 1014 (Pa.

Super. 2001). It is within the PCRA court’s discretion to decline to hold a

hearing if the petitioner’s claim is patently frivolous and has no support

either in the record or other evidence. See id. It is the responsibility of the

reviewing court on appeal to examine each issue raised in the PCRA petition

in light of the record certified before it in order to determine if the PCRA

court erred in its determination that there were no genuine issues of

material fact in controversy and in denying relief without conducting an

evidentiary hearing. See Commonwealth v. Hardcastle, 701 A.2d 541,

542-543 (Pa. 1997).




                                     -5-
J-S43019-16


         In “ineffectiveness claims in particular, if the record reflects that the

underlying issue is of no arguable merit or no prejudice resulted, no

evidentiary hearing is required.” Commonwealth v. Bauhammers, 92

A.3d 708, 726-727 (Pa. 2014) (citation omitted). “Prejudice is established if

there is a reasonable probability that, but for counsel’s errors, the result of

the proceeding would have been different. A reasonable probability is a

probability     sufficient   to   undermine    confidence   in   the   outcome.”

Commonwealth v. Stewart, 84 A.3d 701, 707 (Pa. Super. 2013) (citations

and internal quotation marks omitted). We review a PCRA court’s decision to

deny a claim without a hearing for an abuse of discretion. See id.

         In reviewing Bradley’s claims of ineffective assistance of trial counsel,

the PCRA court found that Bradley had failed to establish arguable merit for

any of them. See Trial Court Opinion, 2/23/16, at 3-8. We can discern no

abuse of discretion in the trial court’s reasoning, and therefore affirm on that

basis.

         Order affirmed. Jurisdiction relinquished.

Judgment Entered.




Joseph D. Seletyn, Esq.
Prothonotary



Date: 7/5/2016




                                        -6-
                                                                                   Circulated 06/15/2016 09:54 AM




     IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA

COMMONWEALTH              OF PENNSYLVANIA                   NO. CP-67-CR-4137-2010


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