Commonwealth v. Leister

712 A.2d 332, 1998 Pa. Super. LEXIS 833
CourtSuperior Court of Pennsylvania
DecidedMay 21, 1998
StatusPublished
Cited by19 cases

This text of 712 A.2d 332 (Commonwealth v. Leister) 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. Leister, 712 A.2d 332, 1998 Pa. Super. LEXIS 833 (Pa. Ct. App. 1998).

Opinions

STEVENS, Judge:

This is an appeal from the order of the Court of Common Pleas of Philadelphia County denying Appellant’s motion to bar retrial on double jeopardy grounds. Herein, Appellant contends that the trial judge improperly declared a mistrial sua sponte without “manifest necessity,” and, therefore, that the trial judge’s actions constituted judicial misconduct preventing Appellant’s retrial. We affirm.

The facts in this case are undisputed. On July 9,1996, Appellant proceeded to a bench trial on the charges of corrupting the morals of a minor,1 indecent assault,2 making terror-istic threats,3 intimidating a witness,4 and retaliation against a witness.5 During a competency hearing to determine the testimonial fitness of the six-year-old alleged victim as well as during the child’s subsequent testimony, defense counsel employed abusive trial tactics. While standing only several feet from the child witness, defense counsel objected to the presence of the witness’ child advocate, accused the Commonwealth of coaching the witness, repeated questions that the witness could not answer, called the witness incompetent, and quarreled with opposing counsel. The result of counsel’s tactics was an intimidated child witness, unable to further testify.

The trial judge called a recess, excused the witness, and sternly reprimanded both counsel for arguing before the child. The judge then instructed both to refrain from such displays for the remainder of the trial. Rather than accept these instructions, defense, counsel chose, instead, to challenge the trial judge’s narration of events.6

Tolerant at first, the trial judge grew increasingly irate, until, finally, he denounced the proceedings as futile. In addition, the trial judge claimed to suffer abuse by defense counsel. Admitting that he had adopted a personal, condemnatory opinion of the entire defense approach and strategy, the trial judge recused himself and declared a mistrial sua sponte.

Before a new trial began, Appellant moved to bar retrial, relying on the double jeopardy provisions of both the Federal and State Constitutions. Though jeopardy had attached before the trial judge recused himself, See Commonwealth v. Culpepper, 221 Pa.Super. 472, 293 A.2d 122, 123 (1972) (jeopardy attaches in a case without a jury when the accused has been subjected to a charge and the court has begun to hear evidence),. the lower court denied the motion. The trial judge found the mistrial issue within an exception to the double jeopardy prohibition, and held that the need for recusal was manifestly necessary. Lower Court Opinion, 6/27/97. This appeal followed.

It is within the trial judge’s discretion to declare a. mistrial, and, absent an abuse of that discretion, no reversal of its exercise will result. Commonwealth v. Gains, 383 Pa.Super. 208, 556 A.2d 870 (1989). Nonetheless, a judge may declare a mistrial sua sponte only when manifestly necessary or where the ends of public justice [335]*335would otherwise be defeated. United States v. Perez, 9 Wheat. (22 U.S.) 579, 6 L.Ed. 165 (1824); Commonwealth v. Balog, 395 Pa.Super. 158, 576 A.2d 1092, 1094 (1990). Where there is “manifest necessity” for a trial judge to declare a mistrial sua sponte, neither the Fifth Amendment to the United States Constitution nor Article I, § 10 of the Pennsylvania Constitution will bar retrial. Commonwealth, ex. rel. Walton v. Aytch, 466 Pa. 172, 352 A.2d 4 (1976). However, any doubt about the manifest necessity of declaring a mistrial must be resolved in the defendant’s favor. Commonwealth v. Diehl, 532 Pa. 214, 217, 615 A.2d 690, 691 (1992).

Reviewing courts use no mechanical formula in determining whether a trial court had a manifest need to declare a mistrial. Balog, 576 A.2d at 1095. Rather, “.. .varying and often unique situations aris[e] during the course of a criminal trial.. .[and] the broad discretion reserved to the trial judge in such circumstances has been consistently reiterated_” Illinois v. Somerville, 410 U.S. 458, 462, 93 S.Ct. 1066, 1069, 35 L.Ed.2d 425 (1973). Far more conversant with the factors relevant to the determination than any reviewing court can possibly be, the trial judge, who is the foremost authority in his or her courtroom, is usually best-positioned to determine the necessity of recusal in any individual ease. Wade v. Hunter, 336 U.S. 684, 69 S.Ct. 834, 93 L.Ed. 974 (1949); In Interest of Morrow, 400 Pa.Super. 339, 583 A.2d 816, 818 (1990). This principle assumes great weight when the issue involves how the presentation of evidence or the conduct of parties affects a trial’s fact-finder. See Arizona v. Washington, 434 U.S. 497, 514, 98 S.Ct. 824, 834-35, 54 L.Ed.2d 717 (1978); Commonwealth v. Smith, 321 Pa.Super. 51, 467 A.2d 888, 891 (1983).

When judges doubt their own ability to adjudicate impartially, they should re-cuse themselves. Commonwealth v. Boyle, 498 Pa. 486, 490, 447 A.2d 250, 252 (1982); In Interest of Morrow, 583 A.2d at 819. Such an inability to be objective' creates a manifest necessity for the declaration of a mistrial, particularly when a judge must exert the broad discretion that a bench trial demands. Smith, supra. See also Commonwealth v. Berrigan, 369 Pa.Super. 145, 535 A.2d 91 (1987) (holding that while a judge need not have declared a mistrial where his bias never infected the jury, necessity required his recu-sal during sentencing to allow “one without hint of animosity toward appellant” to exercise such “largely unfettered ... discretion.”). Id. 535 A.2d at 104.

The record here leads this Court to conclude that during Appellant’s bench trial, the presiding judge, reacting to what he perceived as a continuing defense tactic of procedural abuse and witness intimidation, doubted his own ability to preside fairly and effectively and thus recused himself. Specifically, the judge articulated his concerns about his ability to remain impartial when he stated “we are not getting anywhere, and I don’t like the things that you are doing here .... When you do something like that, I don’t like it here. I’m not going to put up with it_ You abused the court today_ This is a big mistake,” N.T. 7/9/96 pp. 31-32. Given the factual basis before the judge, we cannot doubt the sincerity of this judicial response.7

Even though the trial judge’s decision to declare a mistrial under these circumstances is entitled to great deference, See Arizona,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Boyer, M.
2025 Pa. Super. 236 (Superior Court of Pennsylvania, 2025)
Com. v. Learn, H.
Superior Court of Pennsylvania, 2025
Com. v. Evans, W.
Superior Court of Pennsylvania, 2021
Com. v. Phillips, C.
Superior Court of Pennsylvania, 2021
Com. v. Archie, F.
Superior Court of Pennsylvania, 2019
Com. v. Stokes, J.
Superior Court of Pennsylvania, 2016
Com. v. Akes, R.
Superior Court of Pennsylvania, 2016
Com. v. Alexander, C.
Superior Court of Pennsylvania, 2015
Com. v. Anderson, B.
Superior Court of Pennsylvania, 2014
Commonwealth v. Orie
88 A.3d 983 (Superior Court of Pennsylvania, 2014)
Commonwealth v. King
990 A.2d 1172 (Superior Court of Pennsylvania, 2010)
Commonwealth v. Walker
954 A.2d 1249 (Superior Court of Pennsylvania, 2008)
State v. Jackson
742 N.W.2d 751 (Nebraska Supreme Court, 2007)
Commonwealth v. Kelly
797 A.2d 925 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Morris
773 A.2d 192 (Superior Court of Pennsylvania, 2001)
Quiñones v. State
766 So. 2d 1165 (District Court of Appeal of Florida, 2000)
Commonwealth v. Leister
712 A.2d 332 (Superior Court of Pennsylvania, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
712 A.2d 332, 1998 Pa. Super. LEXIS 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-leister-pasuperct-1998.