Com. v. Dantzler, T. ( 2016 )

J-E03009-15
2016 Pa. Super. 59
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
THOMAS DANTZLER
Appellee No. 681 EDA 2014
Appeal from the Order January 28, 2014
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0008351-2012
BEFORE: GANTMAN, P.J., BENDER, P.J.E., BOWES, J., PANELLA, J.,
SHOGAN, J., LAZARUS, J., OTT, J., STABILE, J., and JENKINS, J.
CONCURRING OPINION BY LAZARUS, J.: FILED MARCH 09, 2016
While I join the majority, I write separately to note my view that, in
general, this Court should exercise caution in reversing a trial court’s
decision regarding a pre-trial habeas corpus matter. This caution is
particularly warranted in cases, like the one at bar, where the facts present
a close case such that reasonable minds could differ in the result.
Whether the Commonwealth has presented sufficient evidence to
establish a prima facie case for a charged crime is a question of law.
Commonwealth v. Karetny, 880 A.2d 505, 513 (Pa. 2005). Therefore, an
appellate court’s review of a pre-trial habeas corpus motion is plenary. Id.
Although we are not bound by the legal determinations of the trial court, I
remain mindful that the trial court will often be in an advantageous position
at a pre-trial hearing to assess the evidence presented and the reasonable
inferences to be drawn from it.
J-E03009-15
At the pre-trial stage, the evidentiary burden on the Commonwealth to
defeat a habeas corpus motion is relatively modest. “To demonstrate that a
prima facie case exists, the Commonwealth must produce evidence of every
material element of the charged offense(s) as well as the defendant’s
complicity therein.” Commonwealth v. Carroll, 936 A.2d 1148, 1152 (Pa.
Super. 2007). Regarding the burden of proof, this Court has noted:
Proof beyond a reasonable doubt is not required at the habeas
stage, but the Commonwealth’s evidence must be such that, if
accepted as true, it would justify a trial court in submitting the
case to a jury. Additionally, in the course of deciding a habeas
petition, a court must view the evidence and its reasonable
inferences in the light most favorable to the Commonwealth.
Suspicion and conjecture, however, are unacceptable.
Id. (emphasis added) (citation omitted). Clearly, rational minds can
disagree as to whether an inference is reasonable or merely speculative. In
the balance, due weight should be given to the trial court’s evaluation of the
factual circumstances.
From my review of the record, I agree with the majority that the
Commonwealth has met the minimal burden imposed on it to overcome a
pre-trial habeas corpus motion. Notwithstanding this, I emphasize that the
evidence of record, and the inferences derived therefrom, undoubtedly
makes this case a close call.
It is with these views in mind that I concur with the majority.
Judge Ott and Judge Jenkins Join this Concurring Opinion.
-2-