Com. v. Morris
| Decision Date | 01 May 2003 |
| Citation | 822 A.2d 684,573 Pa. 157 |
| Parties | COMMONWEALTH of Pennsylvania, Appellee v. Kelvin X. MORRIS, Appellant. |
| Court | Pennsylvania Supreme Court |
Stuart Brian Lev, Robert Brett Dunham, Philadelphia, for Kelvin X. Morris, Appellant.
Catherine Marshall, Amy Zapp, Philadelphia, for the Com. of PA, Appellee.
Before CAPPY, C.J., and ZAPPALA, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.
We granted a stay of execution in this case on June 21, 2001 in order to fully consider the appropriate parameters for granting or denying a stay of execution in a capital case in which a second or subsequent collateral appeal is pending before this court. After reflection on this matter, we hold that a stay of execution arising at the collateral review stage should be considered according to the dictates of the Post-Conviction Relief Act (PCRA), 42 Pa. C.S. § 9545(c), and therefore vacate our earlier order granting the stay of execution in this case. We also deny relief on Appellant's collateral review petition, which is pending before our court, at this time.
A brief recapitulation of the procedural history is warranted to understand how this case is before our court.1
On November 30, 1983 a jury convicted appellee, Kelvin X. Morris, of first-degree murder and robbery. Following a penalty phase hearing, the jury sentenced him to death. New counsel was appointed and on direct appeal, this court affirmed. Commonwealth v. Morris, 522 Pa. 533, 564 A.2d 1226 (1989). On April 2, 1990, appellee filed his first PCRA petition. New counsel was appointed and the PCRA court denied relief on January 18, 1995. On appeal, this court affirmed. Commonwealth v. Morris, 546 Pa. 296, 684 A.2d 1037 (1996). On December 30, 1996, appellee filed a second PCRA petition. New counsel was appointed and filed an amended petition. While appellee's second petition was pending before the lower court, the Governor signed a death warrant scheduling appellee's execution for January 27, 2000. Appellee filed a Motion for a Stay of Execution with the PCRA court. On December 21, 1999, the PCRA court denied appellee's second PCRA petition on the basis that it was untimely. However, on that same date, the [PCRA] court granted appellee's motion for a stay of execution.
Commonwealth v. Morris, 565 Pa. 1, 771 A.2d 721, 727-28 (2001) (hereinafter "Morris I"). The Commonwealth then filed an Emergency Petition to this court to review the trial court's stay order. Following oral argument, this court vacated the trial court's order staying the execution on the basis that the trial court failed to comply with the requirements of 42 Pa.C.S. § 9545(c). 771 A.2d at 742.
Appellant's execution was then scheduled for June 28, 2001. Appellant filed an Emergency Petition for Stay of Execution requesting that this court stay his execution pending this court's resolution of his second petition for collateral review. We granted the stay of execution and ordered the parties to brief the following issues:
Order of the Supreme Court of Pennsylvania, 6/21/2001. We also instructed the parties to be prepared to submit appellate briefs relating to the pending PCRA petition at that time. Id.
Turning first to the issues raised in the Emergency Petition, Appellant argues that we are not bound by the PCRA because this court always has the inherent power to grant a stay of execution. Similarly, this court always has inherent powers to "enforce fundamental truths that this Nation and this Commonwealth hold to be self-evident: that `all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty ... and pursuing their own happiness'." Petitioner's Brief Concerning this Court's Powers to Grant Stays of Execution at 7 (citing Pa. Const. Art. 1, § 1). Accordingly, a claimant may, but does not need to, satisfy the dictates of the PCRA as discussed in Morris I, in order to obtain a stay of execution from this court.
Appellant attempts to distinguish this court's opinion in Morris I by arguing that this court must issue a stay of execution in order to consider: whether the time requirements of the PCRA are met; any alternative bases for appellate jurisdiction outside the framework of the PCRA; or the merits of any substantive claim raised therein. Appellant asserts that a stay of execution is appropriate whenever an applicant has presented a non-frivolous, prima facie assertion that his petition is timely. Commonwealth v. Brady, 510 Pa. 336, 508 A.2d 286 (1986)(setting a non-frivolous standard for pre-trial stay related to resolution of double jeopardy claim). In other words, this court should grant a stay anytime it is necessary to preserve the status quo.
The Commonwealth acknowledges that this court has an inherent power to grant stays of execution, but asserts that the pertinent question in this case is when that power may be used. According to the Commonwealth, section 9545(c) clearly indicates the legislature's intent to limit a court's authority to enter a stay of execution in capital cases and applies to all of the courts of this Commonwealth.
The Commonwealth next contends that Appellant's arguments have largely been settled by this court's opinion in Morris I. Moreover, a non-frivolous stay standard would allow a claimant to perpetually litigate his claims in state court, rather than ensuring some finality in the collateral review process.
The section of the PCRA at issue in this case provides:
42 Pa.C.S. § 9545(c).
Before undertaking an analysis of the parties' various arguments in this case, a helpful starting point is to briefly review the opinion in Morris I. In Morris I, we entertained the question of the PCRA court's power to issue a stay of execution outside the framework of section 9545(c). In Morris I, the trial court denied Morris's PCRA petition on the basis that it was untimely, but then granted the stay of execution. We granted the Commonwealth's request to appeal in order to consider whether the PCRA court properly granted the stay of execution, which did not comply with the requirements of section 9545(c). This issue necessarily required this court to ascertain whether the PCRA court could issue a stay of execution outside the parameters of section 9545(c).
In concluding that the PCRA court was bound by the provisions of section 9545(c), we first examined Morris's argument that the section violated his constitutional right to appeal. We explained that the legislature might limit constitutional rights, so long as those limits are reasonable. 771 A.2d at 732. We emphasized that one of the goals of the PCRA was to balance the competing interests between a claimant's right to review and the state's interest in finality. Id. at 734. At the time of a second or subsequent petition, the state's interest in finality is more compelling. Additionally, "the potential that appellee is merely using the process to delay the execution of his sentence is greater." Id. With these considerations in mind, we then analyzed the specific requirements of section 9545(c), and concluded that the section placed reasonable limitations on a claimant's right to appeal a second or subsequent petition for collateral relief. Id. at 735-36.
We also entertained Morris's argument that the section violated the separation of powers doctrine. We indicated that the section was substantive in nature, rather than procedural, and thus, was a valid exercise of the legislature's authority. Id. at 737. Accordingly, we concluded that a PCRA court was bound by the requirements of section 9545 and could only enter a stay when the court had reasonably concluded that those requirements were met. Id. at 739-40. Thus, we in essence held that the PCRA court could not grant a stay of execution outside the framework of the PCRA.
In order to give further guidance to the bench and bar, we then discussed the requirements that must be met before the PCRA court could enter a stay of execution pursuant to section 9545(c). First, we explained that a claimant must demonstrate that his or her underlying petition is timely or, when untimely, that it falls within one of the exceptions to the time requirement pursuant to 42 Pa.C.S. § 9545(b)(1) and that it was filed "within 60 days of the date the claim could have been presented," 42 Pa.C.S. § 9545(b)(2). 771 A.2d at 740. Next, a claimant must demonstrate that there is an action "pending" before the court. Id. at 741. Lastly, a claimant must demonstrate that he has "some likelihood of prevailing on the merits, since it is only where there is some likelihood of prevailing on the merits that a stay must be granted." Id.
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