HomeMy WebLinkAbout97-1084 Criminal (3)COMMONWEALTH
WOODROW LEE WOODALL
OTN: E800339-1
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 97-1084 CRIMINAL TERM
: CHARGES: (1) SIMPLE ASSAULT
: (4) HARASSMENT (SUM)
: (5) INDECENT ASSAULT
: (6) DEFIANT TRESPASS
: (7) THEFT BY UNLAW TAK
: (8) AGG INDECENT ASSAULT
INRE: OPINIOISLE_URSIJANTTO PA~~5
OLER, J., August 26, 1998.
In this criminal case, Defendant has appealed to the Superior Court from a judgment
of sentence imposed on May 26, 1998. He had been found guilty following a bench trial of
simple assault, summary harassment, indecent assault, defiant trespass, theft by unlawful
taking, and aggravated indecent assault; he had been acquitted of recklessly endangering
another person and terroristic threats.
No post-sentence motion was filed by Defendant. By order of court dated June 24,
1998, pursuant to Defendant's application for assignment of counsel on grounds of
indigency, Defendant's privately retained trial counsel was replaced by the public defender.
On June 25, 1998, the public defender filed a direct appeal to the Superior Court.
The basis for the appeal is alleged ineffectiveness of trial counsel. The specifics of
this claim are expressed in Defendant's statement of matters complained of on appeal as
follows:
1. Trial counsel ... was ineffective for failing to call
defense witness, Charles Carothers, Jr. Mr. Carothers was
present in the apartment at the time of the offense and his
testimony would have supported Mr. Woodall's testimony.
2. Trial counsel ... was ineffective for failing to call
defense witnesses who would have testified to scratches on Mr.
Woodall's face after the incident. This would have supported
Mr. Woodall's testimony that Ms. Smith [the victim] physically
assaulted him.
3. Trial counsel ... was ineffective for failing to obtain
Ms. Smith's medical records. The records would have
contained information that Ms. Smith was being treated for a
sexually transmitted disease. This would have provided [an]
explanation for Mr. Woodall's refusal[, according to him,] to
place his finger inside of Ms. Smith's vagina.
The effect of a presentation on appeal for the first time of a claim of ineffective
assistance of trial counsel has been the subject of a number of appellate decisions. See, e.g.,
Commonwealth v. Montalvo, 434 Pa. Super. 14, 641 A.2d 1176 (1994) (waiver not found if
issue raised at earliest opportunity; remand for evidentiary hearing not required where
appellate record sufficient to facilitate review); Commonwealth v. Thuy, 424 Pa. Super. 482,
623 A.2d 327 (1993) (remand for evidentiary hearing proper where appellate record not
sufficient to facilitate review). In any event, the issue of trial counsel's ineffectiveness was
not presented for review in this court and no ruling was made by the court on the issue. An
expression of opinion herein as to the merits of the contention would not be appropriate.
Jaime M. Keating, Esq.
Chief Deputy District Attorney
Aria M. Waller, Esq.
Assistant Public Defender