Appeals Continue in DUI Homicide DUI Case

Scott Shindledecker

Scott Shindledecker

Published February 18, 2018 5:33 am
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VENANGO CO., Pa. (EYT) — Appeals continue in the case of a McKean County man who was found guilty in a Venango County court more than a year ago of a homicide by motor vehicle while DUI.

According to a published article on bradfordera.com, appeals in the state Superior Court for Paul Morrisroe, a Marshburg man, continue.

According to court records, Smethport attorney James Miller is asking for a fourth extension of time to file a brief.

The most recent appeal, filed in the month after the trial in March 2017, included 38 allegations of a trial court error. Three other appeals that pertain to pretrial matters are also still active.

The trial was held from January 16-26, 2017, in Venango County before McKean County President Judge John Pavlock.

Morrisroe, 41, is serving a term of 7 ½ to 15 years in state prison after he was convicted of striking a motorcycle driven by Dakota Heinaman, 20, while under the influence of drugs or alcohol on June 2, 2015. Heinaman died at the scene, and Morrisroe’s truck left the scene without stopping.

He was found guilty on January 26, 2017, and sentenced on February 22, 2017.

Morrisroe maintained his innocence throughout the process, and Miller announced on the day Morrisroe was sentenced that he intended to appeal the sentence.

Miller’s post-sentence appeal included assertions that the trial court was in error for failing to grant a mistrial and failure to grant several defense motions at hearings throughout the case on matters such as suppression of evidence, recusal of Pavlock from the case, and dismissal of the most serious charges.

Pavlock countered the assertions with a 77-page statement listing why each of the 38 allegations in the appeal should be denied, writing, “This court feels compelled to express concern over the difficulty that the defense has created in the ability to give anyone legitimate issue the attention it deserves.”

According to court documents, District Attorney Stephanie Vettenburg-Shaffer filed a motion on January 19 to dismiss the appeal.

Shaffer explained in her motion that Morrisroe requested three extensions to file his brief, which were all granted; however, the third extension was granted with the statement that “no further extensions of time to file appellant’s brief shall be granted.”

The third extension gave a new deadline of January 12. Court documents indicate Morrisroe made a fourth request for an extension on February 9.

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