Commonwealth v. Vurimindi
Commonwealth v. Vurimindi
Opinion
Vamsidhar Vurimindi appeals from the judgment of sentence entered on April 25, 2014 on two counts of stalking and one count of disorderly conduct. 1 Based on Vurimindi's continuous and deliberate failure to comply with the Pennsylvania Rules of Appellate Procedure, we dismiss this appeal.
In September 2010, one of Vurimindi's neighbors filed a private criminal complaint against him, charging him with harassment and stalking. The neighbor lived on the same floor as Vurimindi in Hoopskirt Factory Lofts, a condominium building in Philadelphia. The case was referred to the Philadelphia Municipal Court's arbitration program under Philadelphia Municipal Court Rule of Criminal Procedure 850. Following arbitration of the case, the municipal court judge issued two stay-away orders against Vurimindi. 2 After Vurimindi continued to ignore the stay-away orders, the police arrested him on February 4, 2012, on new disorderly conduct charges involving the same victim. 3 On June 13, 2012, the Commonwealth amended the charges, and the case was assigned a Common Pleas number, CP 51-CR-0008022-2012. The new charges included one count of disorderly conduct and two charges of stalking, one for the same victim as the earlier case, and another stalking charge for a second victim, another female neighbor who also lived on his floor.
The trial court articulated the specific facts of Vurimindi's stalking in a detailed opinion. Trial Court Opinion, filed September 17, 2017, at 3-10. The full factual history is not necessary for purposes of our disposition. Notably, Vurimindi's egregious and bizarre behavior forced his first victim to install a panic-button alarm system that connected directly to the local police and to consider hiring a body guard. Id. at 5. That victim completed her residency for medical school, found employment out of state and relocated. Id. at 7. Vurimindi's actions forced the other victim to sell her condominium and move twice to get away from Vurimindi. Id. at 10. Both women were terrified of Vurimindi. Id. at 7, 10.
Although he was arrested in 2012 for the charges relevant to this case, the trial on these charges was delayed for nearly two years, pending multiple Mental Health Competency Evaluations which were conducted from February 2012 through July 2013. For many months, the court-appointed psychologist determined Vurimindi was not competent to stand trial.
Ultimately, Vurimindi submitted his own expert report that he was competent, and he waived his right to a jury trial. 4 On February 7, 2014, the court held a one-day bench trial on the 2012 charges. The trial court convicted Vurimindi on two counts of stalking (M1) and one count of disorderly conduct (M3). On April 24, 2014, the trial court sentenced Vurimindi to two and one-half to five years of incarceration, followed by five years of probation.
Vurimindi filed a pro se post-sentence motion, dated April 25, 2014, which was received on May 1, 2014, but incorrectly docketed as pro se correspondence. No action was taken on this motion. The next day, on April 26, 2104, Vurimindi filed a pro se PCRA petition. On May 14, 2014, he requested counsel.
In January 2016, Attorney David Rubenstein was appointed to represent Vurimindi in his PCRA action. On May 7, 2016, Attorney Rubenstein filed an amended PCRA Petition and supporting brief on Vurimindi's behalf, seeking among other relief, reinstatement of Vurimindi's direct appeal rights.
On May 12, 2016, Vurimindi requested that Attorney Rubenstein be removed as his counsel because counsel refused to raise the 484 issues Vurimindi wished to raise in his PCRA Petition. Attorney Rubenstein also requested permission to withdraw as counsel, citing Vurimindi's request for his removal and his threats to sue him in civil court. 5 The court conducted a Grazier 6 hearing on September 1, 2016, and granted Vurimindi's request to proceed pro se with his PCRA Petition.
The PCRA court also scheduled a hearing on Vurimindi's PCRA Petition for February 23, 2017. Vurimindi filed a 500-page memorandum of law in support of his PCRA Petition dated January 25, 2017. Then, on February 20, 2017, he filed a 289-page supplemental memorandum of law in support of the same PCRA Petition.
The PCRA hearing occurred on May 2, 2017 and June 27, 2017. At the request of the trial judge, the District Attorney prepared a letter prior to the second day of the hearing. The letter explained the procedural oversight regarding the docketing of Vurimindi's original post-sentence motion, and requested the PCRA court to reinstate Vurimindi's direct appeal rights. On June 27, 2017, the PCRA court ordered that Vurimindi's post-sentence motions be deemed denied by operation of law and reinstated his direct appeal rights. The PCRA court specifically determined that this case was not appropriate for unitary review and directed Mr. Vurimindi not to raise any issues concerning the ineffectiveness assistance of counsel in his direct appeal. T.C.O., 9/19/17, at 15. The court discussed the appeal process with Vurimindi at this hearing and specifically warned him against filing too many issues on appeal. Id.
Vurimindi timely filed his Notice of Appeal and a Rule 1925(b) statement on July 25, 2017. In this 53-page statement, he raised over 290 issues: 132 numbered issues with multiple sub-issues. He also filed several motions requesting to represent himself in this direct appeal. 7 The trial court held a second Grazier hearing on August 29, 2017. 8 After granting Vurimindi's request to represent himself, that same day, the court directed him to file a new concise statement of errors complained of on appeal in accordance with Rule 1925(b)(1) within thirty (30) days . 9 Although he was told to reduce the number of errors he complained of in his original statement and to narrow the issues for meaningful appellate review, on September 6, 2017, Vurimindi instead filed a supplemental concise statement that added 8 additional issues to the 53-page statement he filed on July 25, 2017.
We note that Vurimindi has filed so many motions, requests and briefs with the trial court that the record for this one-day waiver trial consists of nearly 3,400 total pages. These documents include the lengthy documents previously mentioned, together with Vurimindi's repetitive requests to add what he deemed to be "exculpatory evidence" to the record 10 or to correct what he perceived were mistakes in the trial transcripts, in addition to several petitions for adverse orders, motions to recuse the trial court, motions to proceed pro se , and many letters he sent to the judge, which were docketed as pro se correspondence.
Vurimindi also requested transcripts from each and every time he appeared in court or presented a motion; he believed this was necessary for the record on appeal to be complete. It is unknown whether a "transcript" of every proceeding exists. Typically, transcripts are not available or necessary for arguments, but rather, are a means of preserving sworn testimony at hearings. It appears no transcript of the sentencing hearing on April 24, 2017 was submitted with the trial court record to this Court. However, based on the procedural defects of Vurimindi's 1925(b) statement and his appellate brief, the missing transcripts are unnecessary for appellate review in this matter.
After receiving Vurimindi's second 1925(b) statement on September 6, 2017, the trial court issued its Opinion on September 19, 2017. The trial court concluded that Vurimindi submitted his voluminous 1925(b) statement "in bad faith to circumvent the court system" and recommended that "his issues be waived and his appeal quashed." T.C.O., 9/19/17, at 2.
Apparently concerned about the possibility of his appeal being dismissed, after the trial court issued its opinion, Vurimindi filed a motion to amend his 1925 (b) statement on September 25, 2017, followed by an amended 1925(b) statement on September 29, 2017. 11 This Amended Statement was not considered by the trial court. Shortly thereafter, Vurimindi began filing numerous lengthy motions with this Court, including a 59-page motion for a new trial (10/3/17) and a 31-page motion for reconsideration of the trial judge's recommendation to quash the appeal (10/20/17).
After several requests for more time, Vurimindi ultimately filed his first appellate brief with this Court in April 2018. His first brief was over 300 pages. Upon a motion of the Commonwealth, this Court struck the brief as non-conforming, and gave Vurimindi a second chance to file a brief that conformed to Chapter 21 of the Pennsylvania Rules of Appellate Procedure. Despite being told to narrow his issues, Vurimindi's second brief, filed on July 30, 2018, was still over 140 pages. It contained 32 pages of citations; it listed nearly 400 cases and 100 statutes.
In his brief, Vurimindi attacked everything he could possibly think of that in any way related to this case. He challenged his competency and ability to waive his right to a jury trial. See Appellant's Brief, at 21-25. He attacked the judges associated with his case. Id. at 10-16, 25-38. He attacked the district attorney. Id. at 38-51. He attacked the process at the Municipal Court and the Court of Common Pleas. Id. at 52-58. He repeatedly attacked his trial counsel (6 different lawyers), despite being told his case was not appropriate for unitary review (i.e. his ineffective assistance of counsel claims had to wait for collateral review under the Post-Conviction Relief Act). Id. at 8-10, 58-63. He attacked the statutes under which he was convicted as being unconstitutional. Id. at 63-79. He attacked the verdict. Id. at 79-92. He attacked his sentence. Id. at 92-100. Finally, he attacked this Court's ability to make a meaningful review of his case. Id. at 100-108. 12
After he received the Commonwealth's Brief, which requested that his appeal be dismissed for failure to follow the Rules of Appellate Procedure, Vurimindi filed a 32-page Reply Brief on September 18, 2018, with an additional 100 pages of exhibits. 13 In his Reply Brief, Vurimindi admitted his initial appellate brief contained over 51 individual issues, but claimed all the issues are necessary for this Court to review.
On September 24, 2018, this case was assigned to this panel for decision. Since that time, Vurimindi has filed more than 10 applications for relief seeking, among other things, to introduce additional evidence into the record and to compel the filing of transcripts from over 35 court appearances at the trial court. As soon as we rule on one of his "emergency" applications, Vurimindi files another request asking us to reconsider our previous ruling. His actions have made meaningful appellate review impossible.
As such, we begin our analysis of this case with the trial court's observation that Vurimindi's
pro se
status does not relieve him of his duty to follow the Rules of Appellate Procedure. T.C.O., 9/19/17, at 10 (citing
Jiricko v. Geico Ins. Co.,
In re
Ullman
,
Before analyzing any of the issues in his rambling
pro se
brief, we must first determine whether the issues have been properly preserved for our review. The trial court and the Commonwealth maintain that Vurimindi has waived all issues on appeal. The fact the Vurimindi filed a timely 1925(b) statement does not automatically equate with issue preservation.
See
Jiricko,
We previously held that a Rule 1925(b) statement is a crucial component of the appellate process because it allows the trial court to identify and focus on those issues the party plans to raise on appeal.
Riley v. Foley
,
If a 1925 (b) statement is too outrageous, we have dismissed the appeal without addressing any of the issues raised.
Kanter v. Epstein
,
We were faced with a similar voluminous 1925(b) statement in
Tucker v. R.M. Tours,
Specifically, this court has held that when appellants raise an "outrageous" number of issues in their 1925(b) statement, the appellants have "deliberately circumvented the meaning and purpose of Rule 1925(b)" and [have] thereby effectively precluded appellate review of the issues [they] now seek to raise." We have further noted that such "voluminous" statements do not identify the issues that appellants actually intend to raise on appeal because the briefing limitations contained in Pa.R.A.P. 2116(a) makes the raising of so many issues impossible. "Further, this type of extravagant 1925(b) statement makes it all but impossible for the trial court to provide a comprehensive analysis of the issues."
Tucker
,
We recognize that not all lengthy 1925 (b) statements require dismissal of the appeal. For example in
Eiser v. Brown & Williamson Tobacco Corp.,
In sum, the Eiser court held:
the number of issues raised in a Rule 1925(b) statement does not, without more, provide a basis upon which to deny appellate review where an appeal otherwise complies with the mandates of appellate practice. In a rare case, like Kanter , where a trial court concludes there was an attempt to thwart the appellate process by including an exceptionally large number of issues in a rule 1925(b) statement, waiver may result.
The good faith inquiry our Supreme Court suggested in
Eiser
requires lower courts to consider whether the circumstances of the lawsuit at issue suggest that a lack of good faith is involved. "Only then should a litigant suffer the loss of appellate review due to the volume of issues raised."
Eiser,
Shortly after the
Eiser
decision, this Court again concluded waiver was proper in
Jiricko v. Geico Ins. Co.,
Moreover, after reviewing the record and the trial court opinion, we concluded that the appellant's statement was but another example of his breach of his duty of good faith and fair dealing with the court system.
We stressed that
Jiricko
was not the type of case where an appellant was raising numerous issues in a complicated case in good faith.
Applying this line of precedents to the facts of this case, we note that the trial court found Vurimindi's filing of a
53-page
1925 (b) statement, followed by an additional 8 issues, was done in bad faith. T.C.O., 9/19/17, at 14-15. As the trial court noted, it warned Vurimindi about filing too many issues on appeal, specifically telling him that such actions could result in the entire appeal being thrown out, and gave him a second opportunity to comply with Rule 1925(b).
15
Moreover, after he filed a 300-page brief with this Court, we struck the brief and gave Vurimindi a second opportunity to file a new brief that conformed with Chapter 21 of the Rules of Appellate Procedure, including Pa.R.A.P. 2135(a)(1) (providing that a principal brief shall not exceed 14,000 words). Although much shorter, the second brief still contained too many issues for us to possibly address them all. As the Commonwealth observed, Vurimindi faces deportation as a result of his convictions in this matter and therefore seeks to delay the finality of this proceeding for as long as possible. 16 Commonwealth Brief, at 18. The Commonwealth argues that Vurimindi has waived all of his issues for failure to litigate in good faith, comply with the Rules of Appellate Procedure, or develop any genuine argument. Id. at 12.
In his Reply Brief, Vurimindi claimed that he did not act in bad faith. He cites to numerous cases where the appellate courts found an appellant did not comply with the Rules of Appellate Procedure, but declined to quash the appeal. Reply Brief at 10-11, 23-24. All of the cases he cited, however, are readily distinguishable from this one. 17
Significantly, all of these cases involved a small fraction of the number of issues Vurimindi tried to raise in this appeal.
See e.g.
Rock v. Rangos
,
None of the cases Vurimindi relies on involved more than 8-10 issues, at most, compared to the preposterous number of issues Vurimindi wants us to address. Although the number of issues, by itself is not dispositive, when compared to the complexity of the case and the length of the trial, we cannot find that this case, involving a one-day bench trial, warrants the number of errors alleged by Vurimindi.
Vurimindi attributes his failures to follow the Rules on his "lack of legal experience" rather than bad faith. Reply Brief at 14. We disagree. As the trial court observed, "[Vurimindi] cannot plead ignorance. He is a well-educated individual [with] a master's degree." T.C.O., 9/19/17, at 15. "It is obvious that [Vurimindi] understands the law, and therefore, knows he is not following the law."
Vurimindi deliberately raised issues he knew he could not raise in this appeal. He raised numerous claims of ineffective assistance of counsel, despite being specifically told not to file these claims in his direct appeal.
Vurimindi's 1925 (b) statement of 53 pages was more than 10 times the length of the five-page statement in
Jiricko
.
It was not just lengthy, but as in
Jiricko
,
the crux of the problem was that the statement was "an incoherent, confusing, redundant, defamatory rant accusing opposing counsel and the trial court judge of conspiring to deprive Appellant of his constitutional rights."
Jiricko
,
Our review of the record and the trial court opinion leads us to conclude that Vurimindi's voluminous 1925(b) statement and his 140-page brief are but additional examples of his breach of his duty of good faith and fair dealing with the court system.
Finally, it appears that Vurimindi wants us to grant him yet another chance to file a brief that complies with the Rules. He cites our decision in
Commonwealth v. Hill
,
Vurimindi fails to recognize that we already struck his first non-conforming brief and gave him a second opportunity to file a conforming brief. We also cautioned him to follow the rules. However, his second brief still does not comply with Chapter 21 of the Rules of Appellate Procedure. We cannot continue to give him multiple chances to follow the rules. 20
In short, Vurimindi chose to represent himself in this matter. He chose to risk filing voluminous documents and addressing inappropriate issues despite being warned multiple times against such actions. He chose not to use the assistance of counsel in preparing the documents on this appeal, i.e. his 1925(b) statements, his appellate briefs, and his numerous so-called "emergency" applications for relief. He cannot now complain about the result or ask for another chance to have new counsel appointed at this late stage to file a third brief. See Reply Brief at 27-28.
This is not a complex case where a lengthy list of issues is warranted in good faith. This is a case where an appellant deliberately chose to overwhelm the court system. Instead of focusing on a few key issues and filing an appropriate 1925(b) statement with a brief that complied with Chapter 21, Vurimindi raised a multitude of issues, too numerous and too remote for us to address them all. A criminal defendant is entitled to a fair trial, not a perfect one.
Delaware v. Van Arsdall
,
Appeal dismissed. Vurimindi's outstanding Application for Reconsideration of Order and Application for Clarification denied.
18 Pa.C.S.A. § 2709.1(a)(1) and 18 Pa.C.S.A. § 5503(a)(4), respectively.
It appears the first stay away order was a mutual one, requiring both parties to avoid each other.
The first victim testified about all of Vurimindi's actions, the original incidents starting in 2010 and the later incident resulting in the new charges in February 2012. N.T. 2/7/14 at 41. The date of the offenses for which he was convicted is listed on the trial disposition form as February 4, 2012. Thus, contrary to Vurimindi's suggestion, the trial in this matter was not held and he was not convicted on the same actions complained of in municipal court, but rather on new charges resulting from his actions after the arbitration. As such, there was no violation of Phil. M.C.R. Crim. P. 860 or a double jeopardy violation regarding the earlier 2010 charges.
Vurimindi filed a motion for a speedy trial on August 6, 2013. Therein he noted that he submitted a report from his consulting psychiatrist, Dr. Smith, to the court on June 24, 2013. The written jury trial waiver colloquy was dated and accepted by the trial court on November 12, 2013.
Vurimindi filed civil lawsuits against many people involved in this litigation.
See
Commonwealth v. Grazier
,
Initially, he requested back-up counsel, but the request for hybrid representation was denied. N.T., 6/27/17, at 37-38.
The first Grazier hearing allowed Vurimindi to proceed pro se with his PCRA Petition. The second Grazier hearing allowed him to proceed pro se with his direct appeal. By per curiam order from a motions judge, this Court indicated on August 21, 2017 that a Grazier hearing was not necessary for this appeal because Appellant was already proceeding pro se . However, the order from this Court did not reach the trial court, which conducted the already scheduled Grazier hearing on August 29, 2017. The trial judge had scheduled the second Grazier hearing when it reinstated Vurimindi's direct appeal rights on June 27, 2017, and Vurimindi requested to represent himself.
In accordance with Pennsylvania Rule of Criminal Procedure 121 the court held a colloquy and determined that Vurimindi's request to waive his right to counsel and to represent himself on appeal was knowing, voluntary and intelligent. We note that a
Grazier
hearing was appropriate under
Commonwealth v. Figueroa
,
The court sent Vurimindi a letter to this effect, in addition to the court order, underlining and bolding the word "concise" and the time limit of "thirty (30) days" for extra emphasis.
Vurimindi requested many times to supplement the record from the trial court with over 220 hours of motion-detected video recordings he made of the hallway in his building from June 2010 through April 2012. The trial court told him that this evidence would not be considered by the appellate court because it was not part of the record from the trial. N.T., 6/27/17, at 31. See full discussion of this subject at
Id.
30-38. To the extent Vurimindi believes this evidence should have been used at trial, he can raise that claim in a PCRA Petition; but we cannot review it at this point.
See
Commonwealth v.
Preston
,
No action was taken on the motion, but Vurimindi filed his amended 1925(b) statement anyway.
Although we can see the general nature of his attacks on appeal, each topic we have identified here contains so many sub-issues that we cannot discern each of Vurimindi's specific claims.
We note that at the time he filed his Reply Brief, Vurimindi was released from incarceration, having served that portion of his sentence for these crimes.
In
Tucker
, the appellant's first 1925(b) statement was 16 pages with 76 paragraphs plus exhibits.
Tucker
,
Vurimindi filed his 1925(b) statement with his Notice of Appeal, before he was ordered by the Court to do so. Thus, the trial court gave him an opportunity to file an amended statement. We note that this Court previously held that a trial court does not have discretion to allow a litigant to file a second 1925(b) statement.
Tucker
,
Vurimindi admits he is facing deportation, but that the order is stayed pending resolution of this appeal. Reply Brief at 7. We have never recognized deportation as a legitimate reason for allowing unitary review of issues more appropriately raised on collateral review, and we decline to do so on the facts of this case.
See
Commonwealth v. Holmes
,
One of the cases Vurimindi relies on is inapposite because it involved a family fast track appeal.
P.H.D. v. R.R.D.,
Rule 2116 was amended in 2013 to remove the page limit for the statement of questions involved and now uses a word limit instead. As the Note to this Rule provides:
The word count does, however, include the statement of questions, and a party should draft the statement of questions involved accordingly, with sufficient specificity to enable the reviewing court to readily identify the issues to be resolved while incorporating only those details that are relevant to disposition of the issues. Although the page limit on the statement of questions involved was eliminated in 2013, verbosity continues to be discouraged. The appellate courts strongly disfavor a statement that is not concise.
Pa.R.A.P. 2116, Note.
Former Rule 2135 limited an appellate brief to 50 pages. It was changed in 2013 to limit the number of words in the principal brief to 14,000 and in the reply brief to 7,000. If a principal brief exceeds 30 pages, or a reply brief exceeds 15 pages, the brief must contain a certificate of compliance with this Rule. Vurimindi's principal and reply brief grossly exceed the 30 and 15 page limits in this Rule; Vurimindi filed no certificate of compliance, but rather, admitted his brief exceeded the word limits, and requested in his non-conforming brief, permission to exceed the limits. This shows he knew about the rule, but deliberately did not follow it, and did not seek prior approval of this Court to file a brief that exceeded the word limits of the Rule.
Pro se
litigants, too, are obliged to provide a certification for a primary brief that exceeds thirty pages.
See
Pa.R.A.P. 2135(d) ("[T]he attorney
or the unrepresented filing party
shall include a certification that the brief complies with the word count limits." (emphasis added) ). Rule 2101 underscores the seriousness with which we take deviations from our rules of procedure. "Briefs ... shall conform in all material respects with the requirements of these rules as nearly as the circumstances of the particular case will admit, otherwise they may be suppressed, and, if the defects are in the brief ... of the appellant and are substantial, the appeal or other matter may be quashed or dismissed." Pa.R.A.P. 2101 ;
Commonwealth v. Spuck
,
Because Vurimindi chose to proceed without counsel, his reliance on
Commonwealth v. Ely,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.