Commonwealth of Pennsylvania, Appellee v. John C. Lesko, Appellant; Commonwealth of Pennsylvania, Appellant v. John…

Summary

The Supreme Court of Pennsylvania reversed a PCRA court order that had awarded capital prisoner John Lesko both a new guilt-phase trial and a new penalty hearing, and dismissed his 1999 PCRA petition. The Court held that the Third Circuit's conditional federal habeas grant, confined to sentencing relief, did not reopen Lesko's otherwise-final 1981 conviction to serial state collateral review, rendering his guilt-phase claims time-barred except certain Brady claims, which failed on timeliness or materiality; it further found no deficient performance and no Strickland prejudice in resentencing counsel's mitigation presentation given the grave aggravating circumstances and the four mitigating factors already found. It also rejected derivative ineffectiveness claims premised on prosecutor commentary touching Lesko's silence and remorse, holding such impeachment proper once Lesko himself testified and asserted remorse. Justice Todd joined the reversal of the new-trial grant but dissented as to the penalty phase and would have affirmed the new penalty hearing on the mitigation-ineffectiveness ground; Justice Saylor concurred in the judgment, agreeing with the majority on prejudice while crediting the PCRA court's findings of deficient mitigation stewardship.