Com. v. Dennis
| Decision Date | 21 October 2004 |
| Citation | 580 Pa. 95,859 A.2d 1270 |
| Parties | COMMONWEALTH of Pennsylvania, Appellant v. James DENNIS, Appellee. |
| Court | Pennsylvania Supreme Court |
Hugh J. Burns, Philadelphia, for Com. of PA., appellant.
Daniel Silverman, Philadelphia, Kathleen Behan, Pro Hac Vice, Ryan David Guilds, Pro Hac Vice, Washington, DC, for James Dennis, appellee.
BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.
The Commonwealth of Pennsylvania appeals from an Order of the Court of Common Pleas of Philadelphia County (PCRA court) directing the Commonwealth to provide to James Dennis (Dennis) the voir dire notes of the prosecutor from the 1992 trial of Dennis. For the reasons discussed herein, we reverse the Order of the PCRA court and remand the matter to that court to consider the remainder of Dennis' Post-Conviction Relief Act (PCRA)1 Petition.
At approximately 1:50 p.m. on October 22, 1991, seventeen-year-old Chedell Williams (Williams) and her friend, Zahra Howard (Howard), were climbing the steps to enter the Fern Rock SEPTA station at Tenth and Nedro Streets in Philadelphia when Dennis and another man approached them. The men blocked the girls' path and Dennis demanded that Williams give him her earrings. The girls turned and ran. Dennis followed Williams and grabbed her in the street. He ripped the earrings from Williams' ears, drew a .32 caliber handgun, and shot her in the neck, killing her.
Three witnesses had protracted and unobstructed views of Dennis during and after the shooting: (1) Howard observed the shooting from a nearby fruit vendor's stand; (2) Thomas Bertha (Bertha), a stone mason who was working on a nearby building, heard the gunshot and saw Dennis flee the scene; and (3) James Cameron (Cameron), a SEPTA cashier, observed the shooting from approximately eight feet away. Each of the three witnesses positively identified Dennis as the perpetrator from a photo array, at a lineup, and again at trial.
At the ensuing jury trial, the Commonwealth presented the testimony of the three eyewitnesses, as well as evidence that Dennis had a gun of the type used in the murder and clothing resembling that worn by the perpetrator. Dennis argued that the eyewitnesses had misidentified him, and claimed that he was on a bus to the Abbottsford Homes at the time of the murder. The jury returned verdicts of guilty on charges of first-degree murder, robbery, conspiracy, a violation of the Uniform Firearms Act, 18 Pa.C.S. §§ 6101, et seq., and possession of an instrument of crime.
The Commonwealth sought the death penalty on the basis of two aggravating circumstances: (1) that Dennis committed a killing while in the perpetration of a felony;3 and (2) that, in the commission of the offense, Dennis knowingly created a grave risk of death to another person in addition to Williams.4 Defense counsel raised three mitigating factors: (1) that Dennis had no significant history of prior criminal convictions;5 (2) Dennis' age at the time of the crime (twenty-one);6 and (3) the general mitigating factor of his character and record (the catchall mitigator).7 The jury found the existence of one aggravating circumstance, namely that Dennis committed the murder while in the perpetration of a felony, and one mitigating circumstance, specifically that Dennis had no significant history of prior criminal convictions. The jury determined that the aggravating circumstance outweighed the mitigating circumstance and, accordingly, the trial court sentenced Dennis to death. Dennis filed Post-Verdict Motions, which the trial court denied, and then appealed to this Court.
On direct appeal, we affirmed the convictions and death sentence imposed on Dennis. Dennis I. We rejected each of Dennis' numerous claims, including a contention that the prosecutor, Roger King, Esq. (King), improperly used his peremptory challenges in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and that trial counsel for Dennis was ineffective for failing to raise that issue before the trial court.8 Messrs. Chief Justice Emeritus Flaherty and Zappala and Mr. Justice Saylor dissented on the ground that the prosecutor committed misconduct during his closing argument in the guilt phase and would have remanded the matter for a new trial. Of relevance to the case sub judice, the dissenting justices did not comment on the Batson claim.
On December 1, 2000, Dennis filed his first counseled Petition pursuant to the PCRA. In his Petition, Dennis claimed, inter alia, that he should receive a new trial because King discriminated against members of the venire pool on the basis of race. On December 12, 2000, Dennis filed a Motion for Discovery, pursuant to Pennsylvania Rule of Criminal Procedure 902(E)(2) seeking the jury selection notes of King.9 Following briefing and oral argument, the PCRA court granted the Motion to Compel Discovery of King's voir dire notes (Discovery Order). On June 28, 2001, the Commonwealth sought reconsideration of the Discovery Order and also filed a request for certification of an interlocutory appeal. The PCRA court granted reconsideration, thereby vacating the Discovery Order. However, after further briefing and argument, on July 10, 2001, the PCRA court reinstated the Discovery Order.
The Commonwealth filed a direct appeal to this Court, contending that the PCRA court had no authority to order discovery where Dennis made no showing of good cause and pleaded no basis for overriding the prosecutor's work-product privilege. The Commonwealth based its assertion of jurisdiction on 42 Pa.C.S. § 9546(d), which provides in relevant part that "[a]n order under this subchapter granting the petitioner final relief in a case in which the death penalty has been imposed shall be directly appealable by the Commonwealth to the Supreme Court pursuant to its rules[,]" and 42 Pa.C.S. 702(a), which states that "[a]n appeal authorized by law from an interlocutory order in a matter shall be taken to the appellate court having jurisdiction of final orders in such matter." Because this Court has jurisdiction over appeals from final orders in PCRA capital cases, the Commonwealth averred that we also have jurisdiction over interlocutory orders in PCRA capital cases.
As bases for exercising subject-matter jurisdiction, the Commonwealth argued that this Court should treat its appeal as a Petition for Review (requiring permission of the appellate court), as an appealable collateral order, or, alternatively, assume plenary jurisdiction pursuant to our Kings Bench powers articulated in 42 Pa.C.S. 726.10 By Order dated March 5, 2003, we granted oral argument, limited to the following issue:
Whether this Court may treat the present appeal as a Petition for Review pursuant to Pennsylvania Rule of Appellate Procedure 1503 or treat the Discovery Order as an appealable collateral order pursuant to Pennsylvania Rule of Appellate Procedure 313 and thus exercise jurisdiction over the matter?
Commonwealth v. Dennis, 31 EAP 2001 (Pa. March 5, 2003) (per curiam) (Dennis II). Oral argument proceeded on April 7, 2003, after which we entered an Order directing the PCRA court to prepare an Opinion in light of our decision in Commonwealth v. Tilley, 566 Pa. 312, 780 A.2d 649 (2001). We retained jurisdiction. Commonwealth v. Dennis, 31 EAP 2001 (Pa. April 25, 2003) (per curiam) (Dennis III).
In Tilley, the PCRA court, per the same judge as in the present matter, entered an Order substantially the same as the Discovery Order entered in the case sub judice. The Commonwealth objected to the Order for the same reasons as presently, specifically that Tilley had not established good cause for the discovery and that the information was protected by the work-product privilege of the prosecutor. In Tilley, the Commonwealth asked the PCRA court to certify the interlocutory order for appeal pursuant to 42 Pa.C.S. § 702(b), which provides:
When a court or other government unit, in making an interlocutory order in a matter in which its final order would be within the jurisdiction of an appellate court, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter, it shall so state in such order. The appellate court may thereupon, in its discretion, permit an appeal to be taken from such interlocutory order.
The PCRA court refused certification, prompting the Commonwealth to file a Notice of Appeal to this Court, requesting that we accept jurisdiction to review the merits of the matter as a Petition for Review.
An appeal from an interlocutory order will be permitted only if: "(1) the order involves a controlling question of law; (2) there is a substantial ground for difference of opinion regarding the question of law; and (3) an immediate appeal would materially advance the ultimate termination of the matter." Tilley, 780 A.2d at 651; 42 Pa.C.S. § 702(b). "Generally, the lower court must certify that the three prongs are satisfied, and the appellate court then decides whether to accept appellate review." Tilley, 780 A.2d at 651. In Commonwealth v. Boyle, 516 Pa. 105, 532 A.2d 306 (1987), we explained that "where the trial court refuses to certify an interlocutory order [for appeal], the accepted procedure for requesting appellate review of an uncertified, interlocutory order is by the filing of a Petition for Review, directed to the appellate court which would have jurisdiction if a final order were entered in the matter." Id. at 308 (footnote omitted). "The purpose of a Petition for Review in such cases is to test the discretion of the trial court in refusing to certify its order for purposes of appeal." Id. See also Note to Pennsylvania Rule of Appellate...
To continue reading
Request your trial
-
Com. v. White
...to emasculate the final order doctrine where the Commonwealth seeks to appeal an interlocutory order. See, e.g., Commonwealth v. Dennis, 580 Pa. 95, 859 A.2d 1270 (2004). The troubling posture taken by the majority opinion is compounded by the fact that it not only assumes jurisdiction over......
-
Com. v. Dennis
...v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and remanded for completion of PCRA review. Commonwealth v. Dennis, 580 Pa. 95, 859 A.2d 1270 (2004) ("Dennis II"). As noted, the PCRA court denied relief, and this appeal followed.1 For the reasons that follow, we affirm in pa......
-
Pilchesky v. Gatelli
...must be too important to be denied review; and (3) if review is postponed, the claim will be irreparably lost.” Commonwealth v. Dennis, 580 Pa. 95, 859 A.2d 1270, 1277 (2004); Pa.R.A.P. 313(b). Importantly, the collateral order doctrine is to be construed narrowly; every one of its three pr......
-
Dennis v. Sec'y, Pa. Dep't of Corr.
...the victim, previously dated a man named Kevin Williams.14 The Pennsylvania Supreme Court's 2004 decision, Commonwealth v. Dennis , 580 Pa. 95, 859 A.2d 1270 (2004) (“Dennis II ”), is not relevant to this appeal. On December 12, 2000, Dennis filed a motion for discovery, seeking the prosecu......