Commonwealth v. Edmondson

670 A.2d 183, 447 Pa. Super. 596, 1996 Pa. Super. LEXIS 113
CourtSuperior Court of Pennsylvania
DecidedJanuary 19, 1996
StatusPublished
Cited by3 cases

This text of 670 A.2d 183 (Commonwealth v. Edmondson) 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. Edmondson, 670 A.2d 183, 447 Pa. Super. 596, 1996 Pa. Super. LEXIS 113 (Pa. Ct. App. 1996).

Opinions

POPOVICH, Judge:

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Erie County on June 23, 1994, following appellant’s conviction on charges of possession of a controlled substance, possession of a controlled substance with the intent to deliver, aggravated assault and resisting arrest. Appellant was sentenced consecutively to forty-two (42) months to ten (10) years for possession with intent to distribute a controlled substance and eighteen (18) months to ten (10) years for the aggravated assault charge.1 Appellant herein questions whether he was denied a fair trial because the trial court improperly instructed the jury.2 Upon review, we find the trial judge’s instruction to be coercive thereby denying appellant his right to a fair trial. Appellant also argued that the evidence presented was insufficient to sustain the verdict. We disagree that the evidence was insufficient and adopt the trial court opinion which correctly and thoroughly disposed of this issue. [Trial Court Opinion, pp. 5-7] Accordingly, we reverse the judgment of sentence and remand for a new trial.

The facts of this case are as follows: On April 8, 1993, at approximately 3:30 a.m., Erie Police Officer Tom Eberlein was on patrol when he observed a car which was traveling west on 23rd Street make a right turn and head north on State Street at a high rate of speed. The car then went through a red light while turning left at 21st and State Streets. At this time, Officer Eberlein turned on his lights, pursued the vehicle and called for backup. The officer chased the vehicle for three blocks at a rate of sixty to seventy miles per hour in an area with a speed limit of twenty-five miles per hour. The vehicle ran two more red lights before jumping a curb and coming to a stop among a tree, a telephone pole and a stop sign. Four of the five occupants exited the car and ran. Officer Eberlein chased the closest passenger, appellant, initially by vehicle and then by foot. During the pursuit, Officer Eberlein observed appellant reach into his pocket and pull out something. Appellant ran with the object in his hand before dropping it in the vicinity of 20th and Myrtle. The officer continued to chase appellant and eventually tackled him and wrestled him to the ground. While twisting to get away from the officer, appellant threw his arm back and struck the officer in the nose. Shortly thereafter, additional officers arrived and handcuffed appellant. Officer Eberlein showed them the area where the object was dropped, [185]*185and a prescription pill vial was found. The contents of the vial were determined to be thirty-two rocks of crack cocaine. Appellant had $748.00 in his possession at the time of arrest.

At trial, the jury began their deliberations at 4:45 p.m. and returned to the courtroom with a question at 6:00 p.m. The jury asked the judge if the injury to the officer was more accidental than intentional, was it still aggravated assault. The judge responded by rereading the legal definition of aggravated assault on a police officer. The jury continued its deliberations until 6:20 p.m. when it returned with another question. The jurors wanted to know what would happen to the other three charges if they could not reach a verdict on one of them. Learning upon which charge they could not agree, the judge stated the following:

The aggravated assault. If you cannot reach a verdict, you mean you would be a hung jury. I am the one who declares whether you’re a hung jury or not. This case is about as straight-forward as you can ever get. I am not going to hang this jury. So you’ll deliberate until I feel that you can’t deliberate anymore. Now, please do what I’ve instructed you to do. Find the facts from the evidence and apply them to the law, just the facts. Not theory, ifs ands or buts. This has been a short trial, the evidence is quite clear, you have one or two people to believe basically. I’m not going to hang you on that charge. Let’s go back, do your job as responsible jurors.

Following the judge’s order, the jury deliberated for approximately one hour more before finding appellant guilty on all charges.

The question presented to this court is whether the above instruction to the jury was coercive, resulting in an unfair trial for appellant. Upon review, we find that the trial judge abused his discretion by issuing a coercive instruction to the jury.

Initially, we note that our standard for reviewing the propriety of statements made by the trial court in its jury charge “is limited to a determination of whether the court committed a clear abuse of discretion or an error of law which controlled the outcome of the case.” Commonwealth v. Cook, 383 Pa.Super. 615, 557 A.2d 421, 424 (1989) (quoting Cucchi v. Rollins Protective Services, 377 Pa.Super. 9, 546 A.2d 1131, 1136 (1988)).

The law regarding judicial coercion was defined by the United States Supreme Court in the landmark case Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896). In Allen, the Supreme Court stated that “[wjhile, undoubtedly, the verdict of the jury should represent the opinion of each individual juror, it by no means follows that opinions may not be changed by conference in the jury room. The very object of the jury system is to secure unanimity by a comparison of views, and by arguments among the jurors themselves.” Id (emphasis added). Furthermore, it is within the trial judge’s discretion to determine the length of time a jury deliberates. Commonwealth v. Chester, 526 Pa. 578, 587 A.2d 1367, 1380 (1991). However, “[i]t is well established that a verdict brought about by judicial coercion is a legal nullity.” Id.

Although the principles of Allen remain intact, our Supreme Court found the charge given to the jury in Allen to be coercive.3 Commonwealth v. Spencer, 442 Pa. 328, 275 A.2d 299 (1971). In Spencer, our Supreme Court saw two possible implications of the Allen charge: “(1) a minority juror should yield to the majority; and (2) those with no reasonable doubt, i.e., the majority, need not [186]*186re-examine their position despite the existence of a reasonable doubt in the mind of a minority juror.” Id at 303-304. These notions were seen to be contrary to both the federal and state constitutional right to trial by jury. Id. (referring to U.S. Const, art. Ill, § 2 and amend. VI; Pa. Const, art. I, § 6, P.S.). It is quite clear that a conviction will be reversed upon the finding that a jury charge had the coercive effect of Allen. Spencer, 275 A.2d at 303.

In Commonwealth v. Hammond, 350 Pa.Super. 477, 504 A.2d 940, 941 (1986), the appellant alleged judicial coercion based on the following three sentences of the trial judge’s instruction: “You cannot be discharged from your duties until you have reached a unanimous verdict; ... each juror should not hesitate to re-examine his or her own view; ...

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Related

Commonwealth v. Edmondson
718 A.2d 751 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Montgomery
687 A.2d 1131 (Superior Court of Pennsylvania, 1996)

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Bluebook (online)
670 A.2d 183, 447 Pa. Super. 596, 1996 Pa. Super. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-edmondson-pasuperct-1996.