Commonwealth v. Hall

23 Pa. D. & C.4th 261, 1995 Pa. Dist. & Cnty. Dec. LEXIS 206
CourtPennsylvania Court of Common Pleas, Chester County
DecidedFebruary 9, 1995
Docketno. 29-94
StatusPublished

This text of 23 Pa. D. & C.4th 261 (Commonwealth v. Hall) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Hall, 23 Pa. D. & C.4th 261, 1995 Pa. Dist. & Cnty. Dec. LEXIS 206 (Pa. Super. Ct. 1995).

Opinion

OTT, J.,

This opinion is written in response to Darrick Hall’s statement of matters complained of on appeal. The appeal is an automatic direct appeal from the judgments of sentence of death imposed upon Hall by this Chester County Court of Common Pleas on October 29, 1994, in conformance with 42 [262]*262Pa.C.S. §§722(4), 9711(h)(1) and Pa.R.A.P. 702(b) and 1941.

The sentence was imposed following the jury’s verdict that Hall had, beyond a reasonable doubt, committed murder in the first degree, and following a separate penalty phase of the trial. After the penalty phase, the jury found unanimously that there were two aggravating circumstances: 1) that Hall committed the killing while in the perpetration of a felony, and 2) in the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense. The jury also found unanimously that there was one mitigating circumstance and that it consisted of the events leading up to the fatal shot including the possibility of a struggle. The jury unanimously found that the aggravating circumstances outweighed the mitigating circumstances and that Hall should be given the death penalty.

The facts of the case are set out adequately in our earlier suppression opinion [June 15, 1994] as is this court’s statement of reasons for not suppressing the evidence. This opinion will supplement that first opinion and address the other issues raised as follows:

(1) Whether or not the district attorney engaged in prosecutorial misconduct during his closing argument when he made certain remarks to the jury.

(2) Whether or not the court erred in its instruction to the jury during the penalty phase of the trial regarding aggravating and mitigating circumstances.

(3) Whether or not the court erred in its instruction to the jury concerning the burden of proof for mitigating circumstances.

(4) Whether or not trial counsel was ineffective.

(5) Whether or not the evidence was sufficient to support a conviction of first degree murder.

[263]*263PROSECUTORIAL MISCONDUCT

It is well established that not every improper remark by a prosecutor requires the granting of a new trial. Commonwealth v. Crittenton, 326 Pa. 25, 191 A. 358 (1937); Commonwealth v. Rodgers, 259 Pa. Super. 376, 393 A.2d 876 (1978). In Commonwealth v. Stoltzfus, 462 Pa. 43, 61, 337 A.2d 873, 882 (1975), the Supreme Court, restating the holding in Commonwealth v. Myers, 290 Pa. 573, 139 A. 374 (1927), held that the language of the prosecuting officer which will justify a reversal must be such that its “unavoidable effect would be to prejudice the jury, forming in their minds fixed bias and hostility toward the defendant, so that they could not weigh the evidence and render a true verdict.”

Alleged prejudicial remarks “must be read in the context of the case as a whole, with a particular view to the evidence presented and reasonable inferences drawn therefrom,” to determine whether these remarks are in fact prejudicial. Commonwealth v. Dennis, 313 Pa. Super. 415, 423, 460 A.2d 255, 259 (1983). See also, Commonwealth v. Maxwell, 505 Pa. 152, 477 A.2d 1309 (1984), cert. denied, 105 S.Ct. 370, 469 U.S. 971 (1984) (new trial will not be granted unless it is inevitable that prosecutor’s remark prejudices the defendant to such a degree that it prevents the jury from weighing the evidence and rendering a true verdict); Commonwealth v. Goosby, 450 Pa. 609, 301 A.2d 673 (1973) (clearly unprofessional conduct for prosecutor intentionally to misstate the evidence or mislead the jury as to the inferences it may draw).

While “unnecessary, overly dramatic characterizations” are disallowed, the presiding judge has a great deal of discretion to allow a particular remark, and bases this decision on whether or not the prosecutor [264]*264oversteps the “latitude” and “oratorical flair’’permitted to him under the law in Pennsylvania.1 The number of appellate cases which address prosecutorial misstatement (at least 50 in the last three years), have enlarged this concept and produced a rich field for a defendant to mine on appeal. Now defendants’ counsel, and rightly so, scour the prosecutors’ closing arguments to find any remark or emphasis which might colorably qualify as improper. Unfortunately, this exercise threatens to rob all prosecutorial closing arguments of the “logical force and vigor” needed in any adversarial setting to ethically present a case, and presents the trial judge with the task of passing judgment on every word and phrase that might inflame its hearer and attributing a weight to the degree of inflammation.

[265]*265We believe that the law requires two inquiries: Is the prosecutor merely exposing the evidence and making appropriate inferences with some degree of vigor which reflects an interesting use of the English language, or is he stating his own opinion and in doing so, using language which influences the jury’s emotions rather than exposing the evidence. We now judge Mr. Sancione’s remarks, taken in context of the whole argument, based on the foregoing understanding of the composite case law.

In the case on appeal, defense complains that the prosecutor made the following remarks in his closing:

“What did we prove here? What did we prove here? I am going to go over the evidence briefly, and then make some inferences to prove the specific intent to kill, especially in homicides, when there is normally two witnesses to the incident, to the murder. The defendant, he certainly witnessed it, he was right there, and Mr. Johnson, who can’t speak. He’s forever silenced. He won’t see another Christmas.” (N.T., p. 788.)

“He killed, he knew it, and he would have killed anyone else that tried to stop him when he left that store.” (N.T., p. 798.)

“Ladies and gentlemen, I submit to you we have proven our case beyond a reasonable doubt. And I would like to end by stating that the only thing colder than the grave of Mr. Johnson, is this guy’s heart. The only thing colder, because he put him there, and he made sure he was going there. Because if he didn’t shoot the second time, we might not be here. But he wanted to put him there the first time, and the instinct saved him, and the second time there was no instinct in the world that could have saved him, because he intentionally shot and killed him. And he walked out coolly, calmly, and collected, with a .357 revolver waving at patrons in that store.

[266]*266. “I would ask you to send a message, and that is, you come out here from Philadelphia, as we have proven, and shoot someone like this defendant did, once in the face and once in the back of the head, you are guilty of first degree murder.” (N.T., p. 801.)

On page 788 of the notes of testimony, Mr.

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Related

Maxwell v. Pennsylvania
469 U.S. 971 (Supreme Court, 1985)
Commonwealth v. Maxwell
477 A.2d 1309 (Supreme Court of Pennsylvania, 1984)
Commonwealth v. Brown
648 A.2d 1177 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Thompson
648 A.2d 315 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Rodgers
393 A.2d 876 (Superior Court of Pennsylvania, 1978)
Commonwealth v. Stoltzfus
337 A.2d 873 (Supreme Court of Pennsylvania, 1975)
Commonwealth v. Blount
647 A.2d 199 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Thuy
623 A.2d 327 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Peterkin
649 A.2d 121 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Wilson
649 A.2d 435 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Goosby
301 A.2d 673 (Supreme Court of Pennsylvania, 1973)
Commonwealth v. Ford
650 A.2d 433 (Supreme Court of Pennsylvania, 1994)
Commonwealth v. Cronin
346 A.2d 59 (Supreme Court of Pennsylvania, 1975)
Commonwealth v. Dennis
460 A.2d 255 (Superior Court of Pennsylvania, 1983)
Commonwealth v. Zettlemoyer
454 A.2d 937 (Supreme Court of Pennsylvania, 1982)
Commonwealth v. Meyers
139 A. 374 (Supreme Court of Pennsylvania, 1927)
Commonwealth v. Crittenton
191 A. 858 (Supreme Court of Pennsylvania, 1937)

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Bluebook (online)
23 Pa. D. & C.4th 261, 1995 Pa. Dist. & Cnty. Dec. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hall-pactcomplcheste-1995.