Com. v. Martin, M.
CourtSuperior Court of Pennsylvania
Date FiledOctober 28, 2026
Docket434 EDA 2025
JudgeStevens
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
MARK MARTIN :
:
Appellant : No. 434 EDA 2025
Appeal from the Judgment of Sentence Entered January 31, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0003578-2022
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
MARK MARTIN :
:
Appellant : No. 435 EDA 2025
Appeal from the Judgment of Sentence Entered January 31, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0003579-2022
BEFORE: BOWES, J., OLSON, J., and STEVENS, P.J.E.*
MEMORANDUM BY STEVENS, P.J.E.: FILED OCTOBER 28, 2026
In these consolidated appeals,1 Mark Martin appeals from the January
31, 2025 aggregate judgment of sentence of life imprisonment without the
____________________________________________
* Former Justice specially assigned to the Superior Court.
1 Appellant’s appeals at Nos. 434 EDA 2025 and 435 EDA 2025 were
consolidated by per curiam order of this Court on May 14, 2025.
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possibility of parole imposed after a jury found him guilty of two counts of
first-degree murder, criminal conspiracy, firearms not to be carried without a
license, and criminal use of a communication facility. 2 After careful review,
we affirm the judgment of sentence.
The trial court summarized the relevant facts of this case as follows:
At approximately 4:16 PM on April 28th, 2020, police
responded to a large fight at the 4700 block of North
3rd Street. The fight occurred between residents of
4747 North 3rd Street, members of the Jackson family,
and other individuals from the 200 block of Loudon
Street. The fight originated with a member of the
Jackson family, Danaijah Jackson, walking to an
address on Loudon Street and confronting her
mother’s, Sirron Jackson, ex-boyfriend’s new
girlfriend.
At 5:51 PM, a silver-gray Jeep Grand Cherokee and
Black Chevrolet Tahoe are observed on video
surveillance pulling over in the area of 4747 North 3 rd
street. Four (4) individuals are observed exiting the
vehicles. The shooter, dressed in light pants and a
dark top, is observed sitting on the hood of the
Cherokee, before crossing the street and waiting. A
member of the Jackson family, sitting on the front
porch of 4747 North 3rd Street, is heard in footage
from a neighbor’s doorbell camera stating that “Mark
just pulled up.”
At approximately 5:55 PM, the decedents, Joseph Lee
Humphrey and Khalil Kenyon Stafford, come into
frame from Loudon Street, walking toward the area of
4747 North 3rd Street. The individual dressed in a dark
top and light pants shoots and kills the decedents.
Joseph Lee Humphrey was pronounced dead at 6:20
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2 18 Pa.C.S.A. §§ 2502(a), 903(a)(1), 6106(a)(1), and 7512(a), respectively.
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PM at Temple University Hospital and Khalil Kenyon
Stafford was pronounced dead at 6:52 PM at Temple
University Hospital. The medical examiner, Dr.
Sorokin, testified to Humphrey’s cause of death being
a gunshot wound to the chest and Stafford’s cause of
death being gunshot wounds to the torso, with both
manners of death deemed as homicide.
At approximately 7:30 PM, Detective Domenic,
Detective Peter, and the assigned detective, Detective
Centeno, arrived at the scene. Detective Domenic
recovered video footage from surrounding buildings,
including doorbell cameras adjacent to 4747 North 3rd
Street. At 7:45 PM, Officer Perry arrived at the scene,
photographed various areas of the scene, and
recovered four (4) nine (9) millimeter fired cartridge
casings. Detective Daly reviewed the footage
retrieved from the surrounding buildings and testified
in court that in the footage of the large fight occurring
in front of 4747 North 3rd Street at approximately 4:15
PM, one of the decedents was on the porch.
Detective Daly suspected from Jackson family
members’ statements heard on the doorbell cameras
that the Jacksons had summoned the offenders.
Detective Daly secured a warrant for Sirron Jackson’s
call detail records. The record of Sirron Jackson’s
incoming and outgoing phone calls from that
afternoon showed multiple calls with a phone number
linked to Tonya Harvey, the mother of Appellant’s
child, taking place before and after the shooting on
April 28th, 2020.
Detective Daly also authored a Google Geofence to
track individuals’ locations based on where their
Google accounts pinged. Detective Daly identified
three (3) devices consistent with the movements of
the offenders at the time of the shooting. One of those
accounts was registered to Carl Hill. Detective Daly
learned that Carl Hill was being investigated by
Detective Mullen for a murder occurring on June 22,
2020, at 1:17 AM. A crime for which, Carl Hill would
later plead guilty. Nine (9) millimeter fired cartridge
casings recovered from the scene of the June 22nd
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murder were confirmed through NIBIN to have been
fired from the same firearm as the April 28th murder.
Detective Daly reviewed Carl Hill’s Instagram account
and the information contained therein that Detective
Mullen had secured through a search warrant.
Detective Daly reviewed messages dated to April
25th, 2020, three (3) days before the shooting, and
through June and July of 2020 exchanged via direct
messaging on Instagram between Carl Hill’s account
and an account later confirmed to belong to Appellant.
Among the Instagram messages, Appellant sent
Sirron Jackson’s phone number, and shared images
with Carl Hill of the two posing with a gray Jeep Grand
Cherokee and a black Chevrolet Tahoe, matching the
vehicles observed at the shooting. In some of the
images, Appellant is sitting on the Black Chevrolet
Tahoe with a dark top and light pants. The dates of
the images are unknown, but Detective Daly
suspected they were taken in Spring, 2020.
Trial court opinion, 12/4/25 at 2-4 (citations omitted).
Appellant was subsequently arrested in connection with this incident and
proceeded to a jury trial before the Honorable Charles A. Ehrlich on November
12, 2024. Following a three-day trial, Appellant was found guilty of the
aforementioned offenses on November 14, 2024. On January 31, 2025, the
trial court sentenced Appellant to an aggregate term of life imprisonment
without the possibility of parole. No post-sentence motions were filed. This
timely appeal followed on February 2, 2025.3
Appellant raises the following issues for our review:
I. Whether the motions court committed
reversible error by denying [Appellant’s] motion
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3 Appellant and the trial court have complied with Pa.R.A.P. 1925.
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in limine and allowing the district attorney to
present a cell phone recording of a murder
victim screaming and calling for his mother as
he lay dying in the street[?]
II. Whether the trial court committed reversible
error by qualifying a detective as an expert
witness in social media analysis as well as street
vernacular and colloquialisms, where the
detective’s testimony did not demonstrate that
he possessed scientific, technical, or specialized
knowledge beyond that of the average
layperson[?]
III. Whether the trial court committed reversible
error by denying [Appellant’s] motion for a
mistrial, where the prosecutor played for the
jury a portion of an audio recording that the
court had excluded as unduly prejudicial
pursuant to a motion in limine[?]
IV. Whether the motions court committed
reversible error by denying [Appellant’s] motion
in limine seeking to preclude hearsay
testimony[?]
Appellant’s brief at 6-7.
I. Motion in Limine & Admissibility of Video Audio
Appellant first argues that the trial court abused its discretion in denying
his motion in limine to preclude the Commonwealth from introducing into
evidence the audio portion of a video4 depicting the victim being chased and
____________________________________________
4 The video depicting the victim’s murder originated from a Ring doorbell
camera that was later published on Instagram. Notes of testimony, 11/13/24
at 128-129.
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shot by Appellant multiple times, before collapsing to the ground and
screaming. Id. at 15.
A motion in limine is used before trial to obtain a
ruling on the admissibility of evidence. It gives the
trial judge the opportunity to weigh potentially
prejudicial and harmful evidence before the trial
occurs, thus preventing the evidence from ever
reaching the jury. A motion in limine differs from a
suppression motion in that a suppression motion is
designed to preclude evidence that was obtained in
violation of a defendant’s constitutional rights, while a
motion in limine precludes evidence that was
constitutionally obtained but which is prejudicial to the
moving party.
Commonwealth v. Reese, 31 A.3d 708, 715 (Pa.Super. 2011) (citation
omitted).
“Questions concerning the admissibility of evidence lie within the sound
discretion of the trial court, and a reviewing court will not reverse the court’s
decision on such a question absent a clear abuse of discretion.”
Commonwealth v. Crosley, 180 A.3d 761, 768 (Pa.Super. 2018) (citation
omitted), appeal denied, 195 A.3d 166 (Pa. 2018). “An abuse of discretion
may not be found merely because an appellate court might have reached a
different conclusion, but requires a result of manifest unreasonableness, or
partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly
erroneous.” Id.
The threshold inquiry with admission of evidence is
whether the evidence is relevant. Evidence is relevant
if it logically tends to establish a material fact in the
case, tends to make a fact at issue more or less
probable, or supports a reasonable inference or
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presumption regarding the existence of a material
fact. In addition, evidence is only admissible where
the probative value of the evidence outweighs its
prejudicial impact.
Commonwealth v. Antidormi, 84 A.3d 736, 750 (Pa.Super. 2014) (citations
and internal quotation marks omitted), appeal denied, 95 A.3d 275 (Pa.
2014); see also Pa.R.E. 401(a), (b).
Upon review, we discern no error on the part of the trial court in allowing
the aforementioned audio portion of the video to be admitted into evidence.
As recognized by the trial court, the challenged video – when taken as a whole
– was relevant to establish Appellant’s specific intent to kill the victim
necessary for first-degree murder, and was not so overly prejudicial or
inflammatory so as to heighten the passion of the jury nor cloud its objective
assessment of the evidence. See Commonwealth v. Kouma, 53 A.3d 760,
770 (Pa.Super. 2012) (stating, “[e]xclusion [of evidence] is limited to
evidence so prejudicial that it would inflame the jury to make a decision based
on something other than the legal propositions relevant to the case.”);
Commonwealth v. Funk, 29 A.3d 28, 33 (Pa.Super. 2011) (en banc)
(defining inflammatory evidence as “so gruesome it would tend to cloud the
jury’s objective assessment of the guilt or innocence of the defendant.”),
appeal denied, 29 A.3d 28 (Pa. 2012). Notably, the challenged portion of
the video in question was less than one-minute in length, did not depict blood
or gore, and was of low quality. See notes of testimony, 11/7/24 at 23-25;
notes of testimony, 11/13/24 at 129-130, 139-141; Exhibit C-22-C. We find
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that the record supports the trial court’s assessment that “the probative value
found in showing that the decedent was shot by someone, far outweighed any
prejudice that could arise from the screams in the video.” Trial court opinion,
12/4/25 at 8. Accordingly, Appellant’s first claim of trial court error must fail.
II. Expert Testimony
Appellant next argues that the trial court abused its discretion in
allowing Philadelphia Police Homicide Detective Robert Daly to testify “as an
expert witness in social media analysis as well as street vernacular and
colloquialisms.” Appellant’s brief at 19.
Expert testimony is admissible if it concerns a subject beyond the
knowledge, information, or skill possessed by the average layperson, as
phenomena and situations that are matters of common knowledge may not
be the subject of expert testimony. Pa.R.E. 702.
[I]n cases involving the admission of expert testimony
. . . the admission of expert testimony is a matter left
largely to the discretion of the trial court, and its
rulings thereon will not be reversed absent an abuse
of discretion. An expert’s testimony is admissible
when it is based on facts of record and will not cause
confusion or prejudice.
Commonwealth v. Huggins, 68 A.3d 962, 966 (Pa.Super. 2013) (citation
omitted), appeal denied, 80 A.3d 775 (Pa. 2013).
“[T]he standard for qualifying as an expert is a liberal one and the
witness need only have any reasonable pretension to specialized knowledge
on the subject matter under investigation and the weight to be given to the
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expert's testimony is for the factfinder.” Commonwealth v. Jones, 240 A.3d
881, 890 (Pa. 2020) (citation and internal quotation marks omitted).
“[E]xpertise, whether acquired as a result of formal education or by
experience, is expertise.” Id. (citation omitted).
Upon review, we discern no abuse of discretion on the part of the trial
court in qualifying Detective Daly as an expert in the “analysis of social media”
and “street vernacular and colloquialisms.” See notes of testimony, 11/13/24
at 126. Our review of the record establishes that Detective Daly possessed
specialized knowledge beyond the average layperson to assist the jury in
understanding the vernacular terms within the text messages introduced at
trial. Specifically, Detective Daly testified that he has over 23 years’
experience in the Philadelphia Police Department, and has been qualified as
an expert in analysis of social media and street vernacular and colloquialisms
numerous times. Id. at 115-118. Detective Daly also testified that he has
conducted multiple investigations involving the interpretation of vernacular
terminology used by Philadelphia criminals. Id. at 121-125, 152-153, 177.
Detective Daly further opined that during the course of those investigations,
he has reviewed thousands of pages of electronic messages gathered from
suspects’ phones and social media accounts and had familiarized himself with
the terminology, acronyms, and jargon used by criminals in Philadelphia. Id.
This Court has long upheld the use of police expert testimony to assist
the jury in deciphering terminology and jargon used by defendants engaging
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in criminal activity. See, e.g., Commonwealth v. Kinard, 95 A.3d 279,
288-289 (Pa.Super. 2014) (permitting expert police testimony to clarify the
meaning and intent of jargon and coded language used in drug transactions);
Commonwealth v. Powell, 171 A.3d 294, 307 (Pa.Super. 2017) (upholding
the admission of expert police testimony regarding “coded language
associated with street culture.”), appeal denied, 183 A.3d 975 (Pa. 2018).
Based on the foregoing, Appellant’s claim of trial court error must fail.
III. Motion for Mistrial
Appellant also argues that the trial court abused its discretion in denying
his motion for a mistrial after “the prosecutor played for the jury a portion of
an audio recording that the court had excluded as unduly prejudicial[,]”
wherein Appellant states during a prison tablet call to the mother of his
children that, “I’m the best liar around.” Appellant’s brief at 26.
Our standard of review of a court’s denial of a motion for mistrial is as
follows:
A motion for a mistrial is within the discretion of the
trial court. A mistrial upon motion of one of the parties
is required only when an incident is of such a nature
that its unavoidable effect is to deprive the appellant
of a fair and impartial trial. It is within the trial court's
discretion to determine whether a defendant was
prejudiced by the incident that is the basis of a motion
for a mistrial. On appeal, our standard of review is
whether the trial court abused that discretion.
Commonwealth v. Caldwell, 117 A.3d 763, 774 (Pa.Super. 2015) (citation
omitted), appeal denied, 126 A.3d 1282 (Pa. 2015).
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“A mistrial is an extreme remedy, and will be granted only where the
incident upon which the motion is based is of such a nature that its
unavoidable effect is to deprive the defendant of a fair trial by preventing the
jury from weighing and rendering a true verdict.” Commonwealth v.
Wilson, 273 A.3d 13, 21 (Pa.Super. 2022) (citation omitted), appeal denied,
285 A.3d 324 (Pa. 2022). “A mistrial is not warranted where cautionary
instructions are adequate to overcome any prejudice to the defendant, and it
is presumed that juries follow the instructions of a trial court to disregard
inadmissible evidence.” Commonwealth v. Reson, 357 A.3d 198, 202
(Pa.Super. 2026) (citation omitted).
Upon review, we find that Appellant fails to make the requisite
demonstration of prejudice from the record, as it is clear that the portion of
the call that was excluded by the trial court was done because it was deemed
unnecessary and repetitive in nature, as Appellant was reiterating what he
had said few minutes prior about his ability to lie. See notes of testimony,
11/13/24 at 171-174. Moreover, the trial court offered to issue a cautionary
instruction to the jury about what they had heard, but Appellant’s counsel
declined. Id. With its factual predicate thus belied, we deem Appellant’s
mistrial claim without merit.
IV. Motion in Limine & Hearsay Testimony
Lastly, Appellant argues that the trial court abused its discretion in
denying his motion in limine to preclude the Commonwealth from introducing
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a hearsay statement by Sirron Jackson 5 overheard on a doorbell surveillance
video that “[Appellant] Mark just pulled up.” Appellant’s brief at 29; see also
notes of testimony, 11/13/24 at 138. We disagree.
Hearsay is defined as “a statement that the declarant does not make
while testifying at the current trial or hearing[, offered] in evidence to prove
the truth of the matter asserted in the statement.” Pa.R.E. 801(c)
(numeration omitted). Hearsay is generally inadmissible at trial unless it falls
into an exception to the hearsay rule. See Pa.R.E. 802. Rule 803 contains
several recognized exceptions to the hearsay rule, including the present sense
impression exception:
The following are not excluded by the rule against
hearsay, regardless of whether the declarant is
available as a witness:
(1) Present Sense Impression. A statement
describing or explaining an event or condition,
made while or immediately after the declarant
perceived it. When the declarant is unidentified,
the proponent shall show by independent
corroborating evidence that the declarant
actually perceived the event or condition.
Pa.R.E. 803(1).
This Court has recognized that “the trustworthiness of [present sense
impressions] depends upon the timing of the statement,” and not whether the
declarant was excited or otherwise emotionally affected by the event
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5 At trial, Sirron Jackson was unavailable to testify as she had tragically passed
away from cancer.
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perceived. Commonwealth v. Gray, 867 A.2d 560, 571 (Pa.Super. 2005)
(citation omitted), appeal denied, 879 A.2d 781 (Pa. 2005). “In addition,
the present sense impression does not require that the comments be made to
another person also present at the scene, but may be made over the
telephone[,]” or seemingly some other electronic communications device.
Commonwealth v. Cunningham, 805 A.2d 566, 573 (Pa.Super. 2002)
(citation omitted), appeal denied, 820 A.2d 703 (Pa. 2003).
Instantly, we discern no abuse of discretion on the part of the trial court
in permitting the Commonwealth to introduce Jackson’s statement under the
present sense impression exception to the hearsay rule. As the trial court
properly noted in its opinion, “[t]he video showed that [Jackson], over the
phone, said ‘[Appellant] Mark just pulled up,’ at the exact same time that
Appellant was arriving.” Trial court opinion, 12/4/25 at 7 (emphasis added).
“To qualify under the present sense impression to the hearsay rule, the out-
of-court statement must describe or explain an event or condition made while
the declarant was perceiving the event or condition,” as was clearly the case
here. Gray, 867 A.2d at 571 (citation omitted). Accordingly, Appellant’s final
claim of trial court error must fail.
For all the foregoing reasons, we affirm the trial court’s January 31,
2025 judgment of sentence.
Judgment of sentence affirmed.
Judge Bowes joins.
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Judge Olson concurs in the result.
Date: 10/28/2026
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