Commonwealth v. Baldwin

8 A.3d 901, 2010 Pa. Super. 201, 2010 Pa. Super. LEXIS 3812, 2010 WL 4403112
CourtSuperior Court of Pennsylvania
DecidedNovember 8, 2010
Docket1897 WDA 2008
StatusPublished
Cited by18 cases

This text of 8 A.3d 901 (Commonwealth v. Baldwin) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Baldwin, 8 A.3d 901, 2010 Pa. Super. 201, 2010 Pa. Super. LEXIS 3812, 2010 WL 4403112 (Pa. Ct. App. 2010).

Opinions

OPINION BY

SHOGAN, J.:

Appellant, James Monroe Baldwin, appeals from his judgment of sentence of life without parole and consecutive sentence of one to two years entered following his jury convictions of first degree murder and abuse of a corpse. On appeal, Appellant challenges the trial court’s denial of his request to testify on his own behalf after he had waived his right to testify the previous day and after the evidentiary phase of the case was closed. Because we hold that the trial court did not abuse its discretion in refusing to reopen the case for submission of this additional testimony, we affirm.

[902]*902The trial court stated the factual and procedural history as follows:

On January 26, 2006, a road department employee discovered a shallow makeshift grave. The police were called to the scene, and recovered from the grave a backpack containing a piece of paper with [Appellant’s] name on it. Also recovered from the burial site were five plastic bags that contained the dismembered remains of [Appellant’s] housemate, Brendan Martin. Mr. Martin had been eviscerated. The manner of death was determined to be homicide.
[Appellant] was interviewed by the police and admitted he had attacked Mr. Martin. First, [Appellant] hit the victim with a claw hammer. Then, he used a large knife to stab the victim in the neck and heart. Finally, [Appellant] said that he dismembered his housemate; attempted to clean up the crime scene, and transported the remains to the location [where] the body parts were eventually found.
[Appellant] was charged with one count each of Criminal Homicide,1 and Abuse of Corpse.2 On February 20, 2008, following a jury trial, [Appellant] was convicted of First Degree Murder, and Abuse of a Corpse.

Trial Court Opinion, 12/19/08, at 1-2 (footnote omitted). This appeal followed.

Appellant raises the following issue on appeal:

Whether Appellant was denied his fundamental, constitutional right to testify on his own behalf pursuant to the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, as well as Article I, Section 9 of the Pennsylvania Constitution?

Appellant’s Brief at 5.

Appellant in this case presented an insanity defense at trial. After an on the record colloquy, he waived his right to testify. N.T., 2/21/08, at 323-324. Following presentation of rebuttal testimony by the Commonwealth’s expert regarding Appellant’s sanity at the time of the incident, Appellant changed his mind and attempted to reassert his right to testify. N.T., 2/22/08, at 359-360. Appellant made his request the day after waiving his right and after the closure of the evidentiary phase of the trial, but prior to closing arguments and jury instructions. Id. Appellant did not give a reason for changing his mind. Id. The trial court denied Appellant’s request to testify because the case was closed the previous day and the jury was set to be brought in for instructions. Id. at 360. Appellant maintains that the Commonwealth would not have been prejudiced by Appellant’s reassertion of his right to testify, and therefore the trial court should have allowed the testimony. Appellant’s Brief at 22. Appellant argues that the trial court’s failure to reopen the case to allow Appellant’s testimony on his own behalf was an abuse of discretion and mandates a new trial. Id. at 36. Appellant does not contend that his waiver was involuntary, unintelligent or unknowing. Id. at 21.

The right of an accused to testify on his own behalf is a fundamental tenet of [903]*903American jurisprudence and is explicitly guaranteed by Article I, Section 9 of the Pennsylvania Constitution. Commonwealth v. Nieves, 560 Pa. 529, 584-535, 746 A.2d 1102, 1105 (2000). See also U.S. Const. Amend. VI (guaranteeing the right of an accused to testify on his own behalf). In addressing the right to testify on one’s own behalf, the United States Supreme Court has held:

The right to testify on one’s own behalf at a criminal trial has sources in several provisions of the Constitution. It is one of the rights that “are essential to due process of law in a fair adversary process.” The necessary ingredients of the Fourteenth Amendment’s guarantee that no one shall be deprived of liberty without due process of law include a right to be heard and to offer testimony:
A person’s right to reasonable notice of a charge against him, and an opportunity to be heard in his defense — a right to his day in court — are basic in our system of jurisprudence; and these rights include, as a minimum, a right to examine the witnesses against him, to offer testimony, and to be represented by counsel.

Rock v. Arkansas, 488 U.S. 44, 51, 107 S.Ct. 2704, 2708-2709, 97 L.Ed.2d 37 (1987) (quotations and citations omitted). Additionally, we note that the decision to testify on one’s own behalf is ultimately a decision to be made by the accused after consultation with counsel. Commonwealth v. O’Bidos, 849 A.2d 243, 250 (Pa.Super.2004) (citations omitted), appeal denied, 580 Pa. 696, 860 A.2d 123 (2004).

Although criminal defendants have a constitutional right to testify on their own behalf, this right is not without limitations. Sometimes this right must “bow to accommodate other legitimate interests in the criminal trial process.” Rock, 483 U.S. at 55, 107 S.Ct. at 2711 (quoting Chambers v. Mississippi, 410 U.S. 284, 295, 93 S.Ct. 1038, 1046, 35 L.Ed.2d 297 (1973)). Furthermore, our Supreme Court has never held:

that our constitution confers upon criminal defendants an unfettered right of self-expression in the courtroom during the guilt-determination phase of trial. Rather, the right to be heard is, as always, circumscribed by the rules of evidence.

Commonwealth v. Jermyn, 516 Pa. 460, 468-469, 533 A.2d 74, 78 (1987). Thus, “[i]n applying its evidentiary rules a [court] must evaluate whether the interests served by a rule justify the limitation imposed on the Defendant’s constitutional right to testify.” Rock, 483 U.S. at 56, 107 S.Ct. at 2714.

With regard to reopening a case, “[i]t is within the discretion of the trial judge to permit either side to reopen its case to present additional evidence.” Commonwealth v. Mathis, 317 Pa.Super. 226, 463 A.2d 1167, 1171 (1983) (citations and quotations omitted). “Under the law of this Commonwealth a trial court has the discretion to reopen a case for either side, prior to the entry of final judgment, in order to prevent a failure or miscarriage of justice.” Commonwealth v. Tharp, 525 Pa. 94, 98, 575 A.2d 557, 558-559 (1990). Our Supreme Court has stated:

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Cite This Page — Counsel Stack

Bluebook (online)
8 A.3d 901, 2010 Pa. Super. 201, 2010 Pa. Super. LEXIS 3812, 2010 WL 4403112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-baldwin-pasuperct-2010.