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Com. v. Enderle, L.

Citation: Not availableDocket: 1684 EDA 2022

Court: Superior Court of Pennsylvania; February 13, 2023; Pennsylvania; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appeal by Lee Enderle against the denial of his first petition under the Post Conviction Relief Act (PCRA), following his conviction on multiple sexual offenses against a minor. Enderle's initial appeal was withdrawn, and he later filed a pro se PCRA petition, which led to changes in legal representation and a motion to withdraw by counsel citing a 'no-merit' letter. The PCRA court was directed to conduct an evidentiary hearing on Enderle's claim of ineffective assistance of counsel, specifically regarding trial counsel's concession of guilt during closing arguments without Enderle’s prior approval. After reviewing the evidence and testimony, the PCRA court found the trial counsel's testimony credible, determining that she had discussed the strategy with Enderle, who agreed to it. The court dismissed Enderle’s claims, affirming the trial counsel's effectiveness and the PCRA court's credibility determinations. The appellate court reviewed the PCRA court's findings and upheld the decision, concluding that there was no legal error or lack of factual basis in the record. Consequently, the order denying Enderle post-conviction relief was affirmed, and his appeal was ultimately unsuccessful.

Legal Issues Addressed

Credibility Determinations

Application: The PCRA court’s determination of witness credibility is given deference, and the appellate court upheld the trial counsel's testimony as credible, dismissing Enderle’s contrary assertions.

Reasoning: The court determined that Enderle's assertion lacked credibility, noting that trial counsel... would not concede guilt without client approval, a standard practice she maintained.

Ineffective Assistance of Counsel

Application: The claim focused on whether the trial counsel's concession of guilt during closing arguments, allegedly without consulting the client, constituted ineffective assistance. The court found the counsel credible, noting her standard practice and experience.

Reasoning: Enderle's appeal raises the issue of whether the PCRA court erred in determining that his trial counsel was effective despite not consulting him before conceding guilt for some charges.

Nunc Pro Tunc Appeal

Application: Although Enderle initially failed to file a timely appeal, an agreement allowed him to appeal nunc pro tunc, enabling the review of his PCRA petition’s denial.

Reasoning: Although Enderle initially failed to file a timely appeal, an agreement allowed him to appeal nunc pro tunc.

Post Conviction Relief Act (PCRA) Petition Procedure

Application: The PCRA court's procedure included an evidentiary hearing to address claims of ineffective assistance of counsel, and the appellate court reviews the PCRA court’s decisions for evidence support and legal error.

Reasoning: The PCRA court intended to dismiss the petition without a hearing but was later directed to hold an evidentiary hearing regarding Enderle's claim of ineffective assistance of counsel.