Commonwealth v. Davis

440 A.2d 1185, 497 Pa. 335, 1981 Pa. LEXIS 1166
CourtSupreme Court of Pennsylvania
DecidedDecember 30, 1981
Docket347
StatusPublished
Cited by7 cases

This text of 440 A.2d 1185 (Commonwealth v. Davis) is published on Counsel Stack Legal Research, covering Supreme 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. Davis, 440 A.2d 1185, 497 Pa. 335, 1981 Pa. LEXIS 1166 (Pa. 1981).

Opinions

OPINION

NIX, Justice.

Appellant, William Davis, was indicted as of June Sessions, 1975 for simple and aggravated assault, and possessing instruments of crime. He was tried and convicted of all charges. Post-verdict motions were filed and following their denial on July 1, 1976, the appellant was sentenced to concurrent and consecutive prison sentences totalling seven and one-half (7V2) to fifteen (15) years. Thereafter, appel[337]*337lant filed a direct appeal to the Superior Court which affirmed, without dissent, the judgments of sentence on October 20, 1978. A timely petition for the allowance of appeal was filed with this Court and was granted.

The essence of appellant’s claim for relief is that the trial judge’s conduct exceeded the bounds of propriety, and failed to maintain impartiality, thus depriving him of his right to a fair trial. To support this proposition, he cites a number of objections such as the court’s refusal to permit defense counsel to make motions out of the hearing of the jury or to make argument on motions; that the court unnecessarily suggested possible motives for the crime in his charge to the jury; that the court misstated the evidence in a manner favorable to the prosecution and highly prejudicial to the defense; that the court impeded cross examination by the defense by repeatedly interrupting at critical points; that the court’s manner toward the appellant, his counsel and his witnesses was sarcastic and reflected his (the court’s) disbelief of the defense’s evidence. We need not consider all of these allegations since one of the cited complaints is sufficient in itself to support the relief appellant now seeks.

During the course of the trial, counsel for the defense was adjudicated in contempt by the trial judge. A part of this episode occurred in the presence of the jury. For the reasons that follow, we are of the view that the prejudicial effect of this evidence was such that appellant was indeed denied a fair trial.

The incident occurred during the defense’s cross examination of the victim, Mr. Mack Robinson. From the record it appears that the trial judge on at least three separate occasions interrupted the examination of the witness and interposed questions which were of a nature to rehabilitate that witness. Just prior to the incident in question, defense counsel had attempted to establish that the District Attorney aided the witness in preparation for his testimony, thereby attempting to cast doubt on the witness’s testimony.

Q. How long were you with the District Attorney?
A. Quite awhile. A good while. A pretty good while.
[338]*338Q. Pardon me?
A. A pretty good while.
Q. A pretty good while?
A. Yeah.
Q. Did the District Attorney ask you anything about whether or not anything was taken from you or had been attempted had to be taken from you?
A. I don’t recall. I don’t know if he did or not.
Q. You don’t recall that?
A. No.
Q. What did the District Attorney tell you?
A. Huh.
Q. What did the District Attorney tell you?
******
A. I don’t know.
Q. You don’t remember, from this morning, what it was that the District Attorney told you?
A. No.
Q. You don’t recall anything at all he said to you?
A. I can’t say. I don’t know. I don’t recall, to tell you the truth.
Q. Are you saying “to this jury that you can remember something said 6 months ago, are you?
******
A.v No.
Q. In regard to something being said 6 months ago—
THE COURT: Excuse me.
EXAMINATION
BY THE COURT:
Q. Mr. Robinson, do you understand what you’re being asked?
A. Yeah.
Q. You’re being asked if you talked to this man here, the District Attorney, this morning. Did you talk to him?
A. Yeah.
[339]*339Q. When you talked to him he said something to you, you said something to him, is that right? Whatever it was you talked about, you talked about together, did you not?
A. Yeah.
Q. What did he say to you about this case?
A. He just told me when I come into the courtroom to tell the truth, and that was all.
Q. Did he tell you anything else?
A. No, not nothing else.
CROSS-EXAMINATION
BY MR. SAGEL (Defense counsel):
Q. That would have taken you a second or to, for him to tell you that. You said you were talking to him a long while, is that right?
A. I was in his office a long while. We didn’t do no talking though.
Q. Who did the talking, you or the District Attorney? Who was the talkative one?
A. He was talking to me. I didn’t do much talking.
EXAMINATION
BY THE COURT:
Q. What was he talking to you about?
A. He wasn’t talking about too much. Just about my case, that is all. About my case, like when I get on the stand for me to tell what I know about the case. What happened to me. That’s what I’m doing.
Q. That’s what your [sic] doing now?
A. Yes.
Q. Did he tell you to say anything that you are not saying now?
A. No.
Q. Did he tell you to say anything that was not part of your case?
MR. SAGEL: Judge, may I interrupt and—
THE COURT: Never interrupt the court. Sit down.
[340]*340MR. SAGEL: I respectfully—
THE COURT: Sit down.
MR. SAGEL: I respectfully object, Sir.
THE COURT: I said to you to sit down.
MR. SAGEL: I must object—
THE COURT: Sheriff, take him into custody. We’ll stand in recess, members of the jury.
(Recessed at 3:15 P.M.)1

After the jury returned to the courtroom, appellant’s counsel requested and was granted a sidebar conference [341]*341with the court. Thereafter, the court excused the jury for the remainder of the day.

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Commonwealth v. Davis
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Cite This Page — Counsel Stack

Bluebook (online)
440 A.2d 1185, 497 Pa. 335, 1981 Pa. LEXIS 1166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-davis-pa-1981.