Com. v. Mays, W.
CourtSuperior Court of Pennsylvania
Date FiledNovember 10, 2026
Docket1102 EDA 2025
JudgeNichols
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37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. :
:
:
WILLIAM MAYS :
:
Appellant : No. 1102 EDA 2025
Appeal from the PCRA Order Entered April 1, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0004938-2012
BEFORE: NICHOLS, J., McLAUGHLIN, J., and KING, J.
MEMORANDUM BY NICHOLS, J.: FILED NOVEMBER 10, 2026
Appellant William Mays appeals from the order dismissing his first
petition pursuant to the Post Conviction Relief Act1 (PCRA). On appeal,
Appellant contends that the PCRA court erred when it dismissed, without an
evidentiary hearing, his PCRA petition alleging ineffective assistance of trial
counsel for failing to call an alibi witness. We affirm.
A previous panel of this Court set forth the following factual and
procedural history:
On April 9, 2011, officers responded to a reported shooting and
discovered two victims with gunshot wounds near a minivan
parked in front of 5321 Malcolm Street in Philadelphia. Saquanne
Stanford was lying in the street and holding onto the door of the
minivan. Michael Askew was seated in the passenger seat with
his head slumped over onto the driver’s seat. Both men were
bleeding profusely.
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1 42 Pa.C.S. §§ 9541-9546.
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When medical personnel arrived, paramedics treated Stanford’s
wounds and rushed him to the University of Pennsylvania Hospital.
Although Stanford received gunshot wounds to his upper neck and
his rear scalp and sustained fractures of his skull and his left jaw,
doctors noted that Stanford was awake, alert, and orientated.
Toxicology reports revealed that Stanford’s blood contained
Benzodiazepines and THC. As Stanford’s injuries did not require
surgical invention, he was released to a rehabilitation facility.
While Stanford survived his injuries, medical personnel
pronounced Askew dead at the scene of the shooting. Autopsy
results revealed that Askew’s cause of death was a gunshot wound
to the neck and the manner of his death was homicide. Based on
the extent of Askew’s injuries, Dr. Gary Collis, forensic pathology
expert, testified that the victim did not die immediately from his
injuries but instead likely collapsed due to a large loss of blood
and difficulty breathing. Toxicology results revealed that Askew’s
blood contained Alprazolam (Xanax), cocaine[,] and ethanol.
Officers investigating the scene of the shooting discovered several
pieces of ballistic evidence from two different guns. Officers
recovered six .40 caliber fired cartridge casings outside of the
vehicle, three of which were found on the sidewalk and three in
the grass in front of 5319 Malcolm Street. Officers seized two .45
caliber fired cartridge casings inside the vehicle, one of which was
on the back of the front passenger seat underneath Askew and
the other on the middle rear passenger seat. In addition, officers
discovered two .45 caliber bullet jackets, one on the floor near
Askew’s front leg and one in a rear bench seat.
Officer William Trenwith employed steel trajectory rods to
determine the path of the bullets. Although Officer Trenwith could
not conclude which direction the shooter fired the .45 caliber gun,
he ascertained that this gun was fired from inside the vehicle. In
addition, Officer Trenwith determined that a second shooter, who
was standing very close to the minivan, fired a .40 caliber firearm
into the passenger side of the vehicle.
The officers could not find any witnesses to the shooting.
Detective George Fetters went to the hospital to speak with
Stanford, who initially claimed that he did not know what
happened. After several attempts to interview Stanford, Detective
Fetters convinced Stanford to give a statement on May 9, 2011,
but Stanford did not identify the shooters. However, on May 12,
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2011, Detective Fetters learned from one of Stanford’s family
members that Stanford had revealed information about the
shooting over several text messages, in which he claimed to know
the identity of one of the shooters and the motive for the shooting.
Stanford also discussed his plan for revenge. Detective Fetters
obtained copies of the messages from the relative’s phone.
[On February 1, 2012,] Detective Fetters brought Stanford to the
homicide unit . . . and confronted him with the text messages.
Stanford then gave a handwritten statement, identifying one of
the shooters as a man known as “Will” or “Man Man[,]” and
describing where he lived. When presented with a photo array,
Stanford circled Appellant’s photo and identified him as one of the
shooters.
Stanford revealed that[,] prior to the shooting, he had stolen
Appellant’s gun while the men were together on Conestoga Street.
Appellant had left his gun on top of a car tire and went inside his
home; Stanford admitted taking Appellant’s gun. On the night of
the shooting, Stanford called Appellant, told him he had taken the
gun, and asked to return it. Appellant asked Stanford to meet
him on Conestoga Street. Stanford agreed and brought Askew
along with them. When they arrived, Appellant asked Stanford to
drive him to his cousin’s house on Malcolm Street. Stanford drove
Appellant to this location and was about to park at the end of the
block[] when Appellant directed Stanford to park between two
particular cars. Stanford followed this direction and parked the
vehicle. As the left door of the minivan opened, Appellant started
shooting at Stanford and Askew while he was seated in the
minivan. Stanford gave no information about the possibility of a
second shooter.
Detective Fetters located Appellant in a Delaware County prison
and discovered that Appellant was charged with an incident that
provided evidence of his involvement in the shooting in this case.
On July 28, 2011, Appellant fled from police who attempted to
initiate a traffic stop of his unregistered vehicle. After Appellant
slowed down at the intersection of Chester Pike and McDade
Boulevard, his passenger jumped out of the vehicle and ran
towards a nearby Walgreens. After Appellant drove away at a
high rate of speed and collided with two vehicles, he was taken
into police custody. The police also arrested Appellant’s
passenger, Christopher Graham, who subsequently gave a signed
statement.
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About a month later, Walgreens employees notified police that a
firearm was discovered in a secure storage facility at the location
where Graham had fled. Officers responded to the store and
recovered a stainless steel Kimber Target II .45 caliber pistol that
was loaded. Officers determined that the gun had been stolen
from Dwayne Eugene Bale of 234 East Filbert Street in Lancaster,
Pennsylvania. Ballistics experts concluded that two of the .45
caliber fired cartridge casings and two .45 caliber bullet jackets
recovered from inside the minivan involved in the shooting were
fired from the .45 caliber pistol recovered from the Walgreens.
The police were subsequently contacted by Virgil Pauling, one of
Appellant’s former cellmates in county prison. Pauling indicated
that Appellant [had] often spoke about a shooting he committed
and gave Pauling details that matched Stanford’s account of the
April 9, 2011 shooting. Moreover, Appellant [had] shared with
Pauling that police attempted to stop his vehicle when he had the
murder weapon in his glove compartment so he attempted to
evade police in a high-speed chase and told his passenger to take
the weapon and flee.
Based on this evidence, Appellant was arrested for the murder of
Michael Askew and the attempted murder [2] of Saquanne
Stanford. He was also charged with carrying a firearm without a
license, carrying a firearm in public in Philadelphia, and possession
of an instrument of crime.[3] On May 6, 2013, a jury convicted
Appellant of the aforementioned charges. On the same day, the
trial court sentenced Appellant to life imprisonment without the
possibility of parole along with a concurrent imprisonment term of
28½ to 57 years.
Commonwealth v. Mays, 3225 EDA 2014, 2017 WL 3428829 at *1-*2 (Pa.
Super. filed Aug. 10, 2017) (unpublished mem.). This Court affirmed
Appellant’s judgment of sentence on August 10, 2017. See id. at *9. On
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2 18 Pa.C.S. §§ 2502(a) and 901(a), respectively.
3 18 Pa.C.S. §§ 6106(a)(1), 6108, and 907(a), respectively.
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June 19, 2018, our Supreme Court denied Appellant’s petition for allowance
of appeal. Commonwealth v. Mays, 187 A.3d 908 (Pa. 2018).
Appellant filed a timely pro se PCRA petition on April 30, 2019. The
PCRA court appointed Earl G. Kauffman, Esq., to represent Appellant, and on
February 21, 2021, Attorney Kauffman filed a Turner/Finley no-merit letter.4
Deon B. Browning, Esq., subsequently entered his appearance on Appellant’s
behalf, and Appellant filed amended PCRA petitions on August 24, 2021,
November 12, 2021, and January 3, 2023. After a series of continuances, the
PCRA court entered a notice of its intent to dismiss Appellant’s PCRA petition
without a hearing pursuant to Pa.R.Crim.P. 907 on March 6, 2025. Appellant
did not file a response and on April 1, 2025, the PCRA court entered an order
dismissing Appellant’s PCRA petition.
Appellant filed a timely notice of appeal on April 23, 2025. The PCRA
court did not order Appellant to file a concise statement of errors complained
of on appeal pursuant to Pa.R.A.P. 1925(b). On January 13, 2026, Hon. Rose
Marie Defino-Nastasi, Supervising Judge of the Criminal Trial Division of the
Court of Common Pleas of Philadelphia County, sent this Court a letter stating
that the record in the instant appeal was being transmitted to this Court
without a Rule 1925(a) opinion because the judge presiding over Appellant’s
PCRA proceedings, Hon. Scott DiClaudio, was under suspension by order of
the Court of Judicial Discipline. See PCRA Ct. Letter, 1/13/26.
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4 See Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988),
Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc).
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Appellant raises the following issue for our review:
Did the PCRA court err in dismissing the PCRA petition without an
evidentiary hearing?
Appellant’s Brief at 2 (some formatting altered).
In his sole issue on appeal, Appellant contends that his trial counsel,
Anthony J. Voci, Jr., Esq., was ineffective for failing to call Appellant’s wife as
an alibi witness. Id. at 6. Specifically, Appellant argues that,
A simple evidentiary hearing in which trial counsel, Appellant, and
Appellant’s wife would be called to answer relevant questions for
the PCRA court to evaluate the credibility of Appellant’s alibi
witness and Appellant’s claim that he told trial counsel about the
alibi witness would suffice to provide the PCRA court with
everything it needs to properly dispose of this claim one way or
the other.
Id. at 7.
In its brief, the Commonwealth argues that Appellant’s claim is waived.
Specifically, the Commonwealth notes that during trial, at the close of
Appellant’s case-in-chief, Appellant stated to the trial court that he did not
wish to call any additional witnesses and that he was satisfied with his
counsel’s representation. See Commonwealth’s Brief at 10 (citing N.T. Trial,
5/3/13, at 80).
In reviewing an order denying a PCRA petition, our standard of review
is well settled:
Our review of a PCRA court’s decision is limited to examining
whether the PCRA court’s findings of fact are supported by the
record, and whether its conclusions of law are free from legal
error. We view the record in the light most favorable to the
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prevailing party in the PCRA court. We are bound by any
credibility determinations made by the PCRA court where they are
supported by the record. However, we review the PCRA court’s
legal conclusions de novo.
Commonwealth v. Staton, 184 A.3d 949, 954 (Pa. 2018) (citation and
quotation marks omitted). A PCRA petitioner “has the burden to persuade
this Court that the PCRA court erred and that such error requires relief.”
Commonwealth v. Wholaver, 177 A.3d 136, 144-45 (Pa. 2018) (citations
omitted).
This Court previously considered a claim of ineffective assistance of trial
counsel where the defendant informed the court at trial that there were no
additional witnesses that he wanted his counsel to investigate or call. See
Commonwealth v. Parker, 1104 EDA 2019, 2021 WL 2933227 at *5-6 (Pa.
Super. filed July 12, 2021) (unpublished mem.). 5 The Parker Court
summarized our well-settled jurisprudence on this type of claim as follows:
[A] claim [that] counsel was ineffective for failing to interview or
call witnesses to testify lacks arguable merit where the trial court
conducted a colloquy of the defendant at trial, and the defendant
agreed with counsel’s decision not to interview or present
witnesses. See [Commonwealth v. Pander, 100 A.3d 626, 642
(Pa. Super. 2014) (en banc)]. “[A] defendant who makes a
knowing, voluntary, and intelligent decision concerning trial
strategy will not later be heard to complain that trial counsel was
ineffective on the basis of that decision.” Commonwealth v.
Paddy, 800 A.2d 294, 316 (Pa. 2002) (citation omitted).
Accordingly, “[a] defendant who voluntarily waives the right to
call witnesses during a colloquy cannot later claim ineffective
assistance and purport that he was coerced by counsel.”
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5 We may cite to this Court’s unpublished memoranda filed after May 1, 2019
as persuasive authority. Pa.R.A.P. 126(b).
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Commonwealth v. Lawson, 762 A.2d 753, 756 (Pa. Super.
2000).
Parker, 2021 WL 2933227 at *5.
Here, the record reflects that the trial court conducted the following
colloquy, in relevant part, at the conclusion of Appellant’s case-in-chief at trial:
Q: As a defendant in a criminal case you have an absolute right
to testify on your own behalf, to subpoena and call
witnesses, to present a defense, justification, or excuse.
Do you understand that?
A: Yes, sir.
* * *
Q: Are you satisfied with [Attorney Voci’s] services?
A: Yes, sir.
* * *
Q: Are you satisfied with [Attorney Voci’s] services?
A: Yes, sir.
* * *
Q: Are there any other witnesses you wish to call?
A: No, sir.
Q: As far as you’re concerned, when this jury comes back in
your attorney has your authority to rest the case; is that
right?
A: Yes, sir.
Q: That will close the evidence for William Mays; is that
correct?
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A: Yes, sir.
THE COURT: [Attorney] Voci, did you discuss this matter with
your client?
[ATTORNEY VOCI]: I have.
I might also add that [Appellant] is a thoughtful and
considerate individual, and bright.
THE COURT: In your professional opinion, did he make this
decision knowingly, voluntarily and intelligently?
[ATTORNEY VOCI]: Absolutely. Throughout the course of this
trial he has written a number of notes and memos to me
that display a keen awareness of exactly what is going on,
what the issues are and has contributed considerably to his
own defense.
N.T. Trial, 5/3/13, at 79-81.
Based on our review of the record, we discern no error on the part of
the PCRA court when it dismissed Appellant’s PCRA petition without a hearing.
See Staton, 184 A.3d at 954. Here, at the conclusion of Appellant’s case-in-
chief at trial, the trial court’s colloquy of Appellant reflects that he agreed with
Attorney Voci’s decision not to call any additional witnesses. See N.T. Trial,
5/3/13, at 80. Moreover, the record reflects that Appellant’s wife, Robin
Hawkins, testified during Appellant’s trial. See id. at 68-73.6 Appellant
cannot now claim that trial counsel provided ineffective assistance due to a
failure to pursue a strategy to which Appellant agreed at trial. See Parker,
2021 WL 2933227 at *5 (citing Paddy, 800 A.2d at 316; Pander, 100 A.3d
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6While Ms. Hawkins testified at trial, she did not testify as to Appellant’s
whereabouts at the time of the shooting.
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at 642; Lawson, 762 A.2d at 756). Accordingly, Appellant’s claim lacks
arguable merit. See Parker, 2021 WL 2933227 at *5 (citing Pander, 100
A.3d at 642). Appellant, therefore, is not entitled to relief.
Order affirmed. Jurisdiction relinquished.
Date: 11/10/2026
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