Com. v. Powell
| Decision Date | 01 May 1991 |
| Citation | 527 Pa. 288,590 A.2d 1240 |
| Parties | COMMONWEALTH of Pennsylvania, Appellant, v. Donald POWELL, Appellee. |
| Court | Pennsylvania Supreme Court |
Steven J. Fishgold, for appellee.
John W. Packel, Chief, Appeals Div., Leonard N. Sosnov, Asst. Defender, for Amicus-Defender Assn. of Philadelphia.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.
In 1987, Donald Powell, appellee, was found guilty of burglary, trespass, simple assault, and related crimes. After the adjudication of appellee's guilt, the trial court sua sponte granted the appellee's motion for a new trial, "in the interest of justice." The Commonwealth appealed and the Superior Court affirmed the action of the trial court, concluding that since the issues raised on appeal were a mixture of law and fact, the Commonwealth lacked jurisdiction to appeal. We granted allocatur to address the following issues: first, whether the granting of a new trial under the rubric of "in the interest of justice" is a proper use of a trial court's discretionary powers; and second, whether such a rationale employed by a trial court in support of its decision is subject to appellate review and what is the scope and nature of such review.
On February 27, 1987, the case of Donald Powell, appellee, was scheduled for trial in the Court of Common Pleas of Philadelphia County. After waiving his right to a jury trial and proceeding at the last minute with substitute counsel, appellee was found guilty of burglary, 18 Pa.C.S. § 3502; trespass, 18 Pa.C.S. § 3503; simple assault, 18 Pa.C.S. § 2701; and related crimes. 1 On April 1, 1987, appellee made a pro se request for new counsel to raise the question of trial counsel's ineffectiveness. This request was granted after an evidentiary hearing on April 22, 1987. Appellee, through new counsel on May 19, 1987, filed a Motion in Arrest of Judgment and Motion for a New Trial Nunc Pro Tunc alleging ineffectiveness of trial counsel. On June 30, 1987, the trial judge considered the post-verdict complaints and determined that a new trial was warranted "in the interest of justice."
The Commonwealth's appeal from the grant of a new trial was quashed by the Superior Court which concluded that the order of a new trial "in the interest of justice" was a mixed question of law and fact and, therefore, unreviewable on appeal. 379 Pa.Super. 663, 545 A.2d 387. On July 19, 1989, this Court granted the Commonwealth's petition for allowance of appeal. 522 Pa. 611, 563 A.2d 497.
At the time of trial in this matter, the appellee was represented by the public defender's office. On the day of trial, the assigned public defender became ill and was replaced with substitute counsel. Substitute counsel requested a continuance in order to become familiar with the case and to prepare the defense. Counsel was advised by the court that no continuance would be given. Counsel went on record stating he was unprepared and had not met with the client and for that reason did not believe that he could competently represent appellee. Counsel thereupon again requested a continuance which again was denied. 2 When the judge began to administer the waiver of jury colloquy, the court was advised by appellee that he wished to be tried by a jury. The trial judge, however, "persuaded" appellee to waive his right to a jury trial after explaining the options available to him. 3 After a bench trial the same day, appellee was found guilty of all charges.
The Commonwealth insists upon framing the issue involved as one of counsel's ineffectiveness and asserts that such an issue of law is therefore properly reviewable by the courts. 4 The Superior Court in quashing the Commonwealth's appeal determined that the granting of a new trial "in the interest of justice" by the trial court, based upon a perception of its own unfair and prejudicial demeanor, was a factually oriented determination, thus precluding any right to appeal by the Commonwealth. We granted review because of the important jurisprudential questions raised in this matter. Accordingly, an initial discussion focusing upon the concept "in the interest of justice" is warranted to determine whether the granting of a new trial pursuant to such a theory was a valid exercise of the trial judge's discretionary power.
The rationale "in the interest of justice," employed to rectify errors which would otherwise result in unfairness, is deeply rooted in both federal jurisprudence and the common law of Pennsylvania. In the federal system this aspect of judicial discretion is evidenced in Rule 33 of the Federal Rules of Criminal Procedure. The first sentence of the Rule provides, "[T]he court on motion of a defendant may grant a new trial to him if required in the interest of justice." Fed.R.Crim.P. 33. The application of this discretionary provision has been held to apply broadly and its use may only be reviewed if there is evidence of manifest abuse. In United States v. Narciso, 446 F.Supp. 252, 304 (1977), the court stated that "the very words of the rule--'interest of justice'--mandate the broadest inquiry into the nature of the challenged proceeding." A judge granting a new trial under this Rule need assign no reason other than it is required in the interest of justice. See, United States v. Smith, 331 U.S. 469, 67 S.Ct. 1330, 91 L.Ed. 1610 (1946). The federal system has recognized that this power is not without restriction, especially when the action taken potentially intrudes upon the domain of the jury. In Tennent v. Peoria & P.V. Ry. Co., 321 U.S. 29, 35, 64 S.Ct. 409, 412, 88 L.Ed. 520 (1944), the United States Supreme Court stated, "Courts are not free to reweigh the evidence and set aside a jury verdict merely because the jury could have drawn different inferences or conclusions or because judges feel that other results are more reasonable."
This concept of "interest of justice" has also been historically recognized as a viable ground for granting a new trial in this Commonwealth. A trial court has an "immemorial right to grant a new trial, whenever, in its opinion, the justice of the particular case so requires." March v. Philadelphia & West Chester Traction Co., 285 Pa. 413, 416, 132 A. 355 (1926). See also, Streilein v. Vogel, 363 Pa. 379, 69 A.2d 97 (1949); Frank v. W.S. Loiser & Co., Inc., 361 Pa. 272, 64 A.2d 829 (1949); Frank v. Bayuk, 322 Pa. 282, 185 A. 705 (1936). Indeed, as occurred in the instant matter, this Court has expressly approved of a trial court's granting a new trial, sua sponte, for the promotion of justice, if sufficient cause exists. Commonwealth v. Dennison, 441 Pa. 334, 338, 272 A.2d 180, 182 (1971); Getz v. Balliet, 431 Pa. 441, 446, 246 A.2d 108 (1968); see also Bergen v. Lit Bros., 354 Pa. 535, 47 A.2d 671 (1946); Trerotola v. Philadelphia, 346 Pa. 222, 29 A.2d 788 (1943). Where it will result in the attainment of justice, a trial court may grant a new trial without the initiation of the defendant. Fisher v. Brick, 358 Pa. 260, 56 A.2d 213 (1948); Commonwealth v. Jones, 303 Pa. 551, 154 A. 480 (1931).
In Commonwealth v. Myma, 278 Pa. 505, 508, 123 A. 486 (1924), we stated:
[T]he judge occupies an exalted and dignified position; he is the one person ... from whom the litigants expect absolute impartiality. An expression indicative of favor or condemnation is quickly reflected in the jury box and at counsel table. To depart from the clear line of duty through questions, expressions or conduct, contravenes the orderly administration of justice. It has a tendency to take from one of the parties the right to a fair and impartial trial, as guaranteed under our system of jurisprudence.
It is the trial judge's review of the conditions and activity surrounding the trial which leaves him or her in the best position to make determinations regarding the fairness of the process and its outcome. It is apparent, therefore, if a trial court determines that the process has been unfair or prejudicial, even where the prejudice arises from actions of the court, it may, in the exercise of its discretionary powers, grant a new trial "in the interest of justice."
The right of a court in an appropriate case to provide relief under the rubric of "interest of justice" cannot at this stage of the development of our jurisprudence be seriously questioned. The challenge instantly raised is whether its invocation here was proper. Subsumed in that question is the further issue as to whether such a ruling is subject to review. 5
Recognizing that the concept of "in the interest of justice" is merely an identification of a portion of the vast reservoir of discretionary powers vested in the trial court, the standard of review to be employed in testing the appropriateness of its use in a given matter is the well recognized "abuse of discretion standard." Commonwealth v. Pronkoskie, 498 Pa. 245, 445 A.2d 1203 (1982); Commonwealth v. Hinchcliffe, 479 Pa. 551, 388 A.2d 1068 (1978); Commonwealth v. Dennison, 441 Pa. 334, 272 A.2d 180 (1971); In Re Mackarus Estate, 431 Pa. 585, 246 A.2d 661 (1968); Commonwealth v. Hartman, 383 Pa. 461, 119 A.2d 211 (1956); Millenson v. City Stores Co., 382 Pa. 39, 114 A.2d 80 (1955); Commonwealth v. Helwig, 184 Pa.Super. 370, 134 A.2d 694 (1957).
This concept of "in the interest of justice" is merely a recognition of the trial court's discretionary power to ensure the fairness of the proceedings during the adjudicatory stage. An arbitrary and unsupported use of this power by a trial court to avoid justifying its ruling would be clearly inappropriate. As this Court stated in Beal v. Reading Company, 370 Pa. 45, 87 A.2d 214 (1952), ...
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