Grimaud v. Commonwealth

865 A.2d 835, 581 Pa. 398, 2005 Pa. LEXIS 87
CourtSupreme Court of Pennsylvania
DecidedJanuary 18, 2005
Docket126 MAP 2002
StatusPublished
Cited by16 cases

This text of 865 A.2d 835 (Grimaud v. Commonwealth) 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
Grimaud v. Commonwealth, 865 A.2d 835, 581 Pa. 398, 2005 Pa. LEXIS 87 (Pa. 2005).

Opinions

OPINION

Justice EAKIN.

In the 1998 general election, the majority of the electorate approved amendments to Article I, § 6 (trial by jury) and Article I, § 14 (prisoners to be bailable; habeas corpus) of the Pennsylvania Constitution.

[404]*404Article I, § 14 (prisoners to be bailable; habeas corpus):

Before amendment, Article I, § 14 provided:
All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

Pa. Const, art. I, § 14 (1997). In 1995, the General Assembly, seeking to amend this provision, passed Joint Resolution 1995-3:

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for bail. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:
Section 1. The following amendment to the Constitution of Pennsylvania is proposed in accordance with Article XI:
That section 14 of Article I be amended to read:
§ 14. Prisoners to be bailable; habeas corpus.
All prisoners shall be bailable by sufficient sureties, unless for capital offenses for which the --maximum sentence-is death or life imprisonment OR FOR OFFENSES FOR WHICH THE MAXIMUM SENTENCE IS LIFE IMPRISONMENT or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

Joint Resolution No. 3, 1995, P.L. 1153, S.B. No. 12. In 1998, the General Assembly passed Joint Resolution 1998-1:

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for bail. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:
Section 1. The following amendment to the Constitution of Pennsylvania is proposed in accordance with Article XI:
[405]*405That section 14 of Article I be amended to read:
§ 14. Prisoners to be bailable; habeas corpus.
All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

Joint Resolution No. 1, 1998, P.L. 1327, H.B. No. 1520. The Attorney General prepared a “plain English statement” and the proposed amendment was published. The amendment was submitted to the electorate, which voted in favor of it.

Article I, § 6 (trial by jury):

Before amendment, Article I, § 6 stated:
Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case.

Pa. Const, art. I, § 6 (1997). In 1996, the General Assembly passed Joint Resolution 1996-1:

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for trial by jury and waiver of this right. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows: Section 1. The following amendment to the Constitution of Pennsylvania is proposed in. accordance with Article XI: That Article I, section 6, be amended to read:
THAT SECTION 6 OF ARTICLE I BE AMENDED TO READ:
§ 6. Trial by Jury.
Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less [406]*406than five-sixths of the jury in any civil case. Furthermore, in criminal cases the accused may waive-the- right to a jury trial-only with the consent of the Commonwealthr THE COMMONWEALTH SHALL HAVE THE SAME RIGHT TO TRIAL BY JURY AS DOES THE ACCUSED.

Joint Resolution No. 1, 1996, P.L. 1545, S.B. No. 752. In 1998, the General Assembly passed Joint Resolution 1998-2, which stated:

Proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for trial by jury. The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:
Section 1. The following amendment to the Constitution of Pennsylvania is proposed in accordance with Article XI: That section 6 of Article I be amended to read:
§ 6. Trial by jury.
Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case. Furthermore, in criminal cases the Commonwealth shall have the same right to trial by jury as does the accused.

Joint Resolution No. 2, 1998, P.L. 1328, S.B. No. 555. The Attorney General prepared a “plain English statement” and the proposed amendment was published. The amendment was submitted to the electorate, which voted in favor of it.

Appellants filed a complaint in the Commonwealth Court seeking a declaration that the amendments were invalid, alleging: (1) each ballot question actually proposed multiple amendments in violation of Article XI, § 1; (2) the Attorney General’s “plain English statement” regarding each ballot question failed to adequately set forth the purpose, limitations, and effects of each amendment as required by 25 P.S. § 2621.1; and (3) the General Assembly failed to comply with constitutional requirements for voting on the Joint Resolutions, precluding submission of the amendments to the electorate.

[407]*407The parties filed cross-motions for summary judgment; the Commonwealth Court, sitting en banc, found the amendments valid. Grimaud v. Commonwealth, 806 A.2d 923, 925 (Pa. Cmwlth.2002). Granting the Commonwealth’s motion, the court explained the jury trial and bail questions each constitute a single amendment because they serve one core purpose and effectuate one substantive change; the “plain English statement” sufficiently explained the purpose, limitations, and effects of the amendments; the joint resolutions were passed in two successive sessions of the General Assembly; and the General Assembly utilized proper procedures in passing the joint resolutions. Id., at 929, 930, 934-35.

Article I, § 14

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Bluebook (online)
865 A.2d 835, 581 Pa. 398, 2005 Pa. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimaud-v-commonwealth-pa-2005.