Commonwealth v. Starks

416 A.2d 498, 490 Pa. 336, 1980 Pa. LEXIS 725
CourtSupreme Court of Pennsylvania
DecidedJuly 3, 1980
Docket370
StatusPublished
Cited by92 cases

This text of 416 A.2d 498 (Commonwealth v. Starks) 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. Starks, 416 A.2d 498, 490 Pa. 336, 1980 Pa. LEXIS 725 (Pa. 1980).

Opinions

OPINION OF THE COURT

ROBERTS, Justice.

On October 8, 1974, appellant William Starks was convicted by a jury of murder of the first degree and unlawfully carrying a firearm. He was sentenced to concurrent prison [339]*339terms of life for the murder conviction and two and one-half to five years for the firearms conviction. On appeal, appellant claimed that his motion for mistrial on the ground of prosecutorial misconduct was improperly denied. This Court agreed with appellant and accordingly granted him a new trial. Commonwealth v. Starks, 479 Pa. 51, 387 A.2d 829 (1978).

Appellant now contends by pre-trial motion that retrial would impermissibly place him twice in jeopardy. Appellant correctly states that prosecutorial misconduct which rises to the level of “overreaching” will bar retrial. See Lee v. United States, 432 U.S. 23, 97 S.Ct. 2141, 52 L.Ed.2d 80 (1977). Appellant claims here that the prosecutorial misconduct at his first trial, which resulted in this Court vacating judgments of sentence, constitutes prosecutorial overreaching. The court of common pleas disagreed and denied appellant’s motion. We affirm.1

The United States Constitution, amendment V declares that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb . . . .” Pennsylvania likewise extends such protection to the accused. See Pa.Const., art. I, § 10; Commonwealth v. Campana, 455 Pa. 622, 314 A.2d 854 (1974). This proscription against double jeopardy means that no one should be harassed by successive prosecutions for a single wrongful act and that no one should be punished more than once for the same offense. See United States v. Wilson, 420 U.S. 332, 342-43, 95 S.Ct. 1013, 1021, 43 L.Ed.2d 232 (1975); Note, Statutory Implementation of Double Jeopardy Clauses: New Life for a Moribund Constitutional Guarantee, 65 Yale L.J. 339, 339-40 (1956). There can be no doubt that this constitutional protection is fundamental to our system of criminal justice, for, as the United States Supreme Court explained:

[340]*340“The underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.”

Green v. United States, 355 U.S. 184, 187, 78 S.Ct. 221, 223, 2 L.Ed.2d 199 (1957); see Benton v. Maryland, 395 U.S. 784, 795-96, 89 S.Ct. 2056, 2063, 23 L.Ed.2d 707 (1969) (constitutional guarantee against double jeopardy applies to states because of its “fundamental nature”); Commonwealth v. Mills, 447 Pa. 163, 286 A.2d 638 (1971). As Mr. Chief Justice Burger wrote, a criminal proceeding “imposes heavy pressures and burdens — psychological, physical, and financial— on a person charged. The purpose of the Double Jeopardy Clause is to require that he be subject to the experience only once ‘for the same offence.’ ” Breed v. Jones, 421 U.S. 519, 530, 95 S.Ct. 1779, 1786, 44 L.Ed.2d 346 (1975).

Generally the double jeopardy clause does not bar retrial of a defendant who obtains a new trial upon his request for a mistrial. See Lee v. United States, supra at 32, 97 S.Ct. at 2147. As the Supreme Court explained in United States v. Jorn, 400 U.S. 470, 485, 91 S.Ct. 547, 557, 27 L.Ed.2d 543 (1971) (plurality opinion) (Harlan, J.):

“[Wjhere circumstances develop not attributable to prosecutorial or judicial overreaching, a motion by the defendant for mistrial is ordinarily assumed to remove any barrier to reprosecution, even if the defendant’s motion is necessitated by prosecutorial or judicial error.”

This restriction on the double jeopardy clause, however, is not without its own limitations. The Supreme Court has held that double jeopardy will bar retrial if the defendant sought the mistrial as a result of prosecutorial misconduct amounting to overreaching. See Lee v. United States, supra at 32, 97 S.Ct. at 2147; United States v. Dinitz, 424 U.S. 600, [341]*341611, 96 S.Ct. 1075, 1081, 47 L.Ed.2d 267 (1976). So too, where, on prosecutorial misconduct grounds, a defendant unsuccessfully moves for a mistrial but then obtains appellate relief, the double jeopardy clause will not bar retrial unless the misconduct amounts to overreaching. Our inquiry here, therefore, is, as the Commonwealth agrees, whether the prosecutorial misconduct at appellant’s first trial, which we held to be reversible error, see Commonwealth v. Starks, supra, constitutes prosecutorial overreaching.

The United States Supreme Court has enunciated principally two types of prosecutorial overreaching. First there is the prosecutorial misconduct which is designed to provoke a mistrial in order to secure a second, perhaps more favorable, opportunity to convict the defendant. See United States v. Dinitz, supra at 611, 96 S.Ct. at 1081. Second there is the prosecutorial misconduct undertaken in bad faith to prejudice or harass the defendant. See Lee v. United States, supra at 32, 97 S.Ct. at 2147; United States v. Dinitz, supra at 611, 96 S.Ct. at 1081-82. In contrast to prosecutorial error, overreaching is not an inevitable part of the trial process and cannot be condoned. It signals the breakdown of the integrity of the judicial proceeding, and represents the type of prosecutorial tactic which the double jeopardy clause was designed to protect against.

This Court has expressly announced that in “advocating the cause for this Commonwealth, prosecutors are to seek justice, not only convictions.” Commonwealth v. Cherry, 474 Pa. 295, 301, 378 A.2d 800, 803 (1977) (citations omitted). Indeed, a prosecutor

“is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a particular and very definite sense the servant of the law . . . .”

[342]*342Berger v. United States, 295 U.S. 78, 88, 55 S.Ct. 629, 633, 79 L.Ed. 1314 (1935).

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Bluebook (online)
416 A.2d 498, 490 Pa. 336, 1980 Pa. LEXIS 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-starks-pa-1980.