Pennsylvania v. Drummond (majority)
Annotate this CaseThe issue presented was one of first impression for the Pennsylvania Supreme Court: whether trial counsel was ineffective for failing to object to a jury instruction in which the judge analogized jurors’ application of the “proof beyond a reasonable doubt” standard to jurors’ hypothetical decision-making regarding surgery involving a “precious one.” Appellant Gerald Drummond was convicted and sentenced to two consecutive life sentences for the shooting deaths of Timothy Clark and Damien Holloway. Holloway had an on-again, off-again relationship with Drummond’s sister, Annie. It was alleged Drummond did not approve of the relationship. Gunshot evidence suggested Clark was killed execution-style by an assailant standing behind him while Clark knelt with his hands interlocked behind his head. Holloway was shot in the cheek; he died later from brain hemorrhaging. After review of the jury instructions, the Pennsylvania Supreme Court concluded the instructions were reasonably likely to cause a jury to apply a diminished standard of proof in criminal cases, thus posing significant risks to a defendant’s due process rights. Accordingly, the Court found arguable merit to Drummond’s ineffective assistance of counsel claim. However, because counsel could not be deemed ineffective for failing to anticipate a change in the law, it affirmed the Superior Court’s order affirming the denial of Drummond’s PCRA petition.
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