Commonwealth v. Brown
Decision Date | 02 July 1981 |
Parties | COMMONWEALTH of Pennsylvania v. Melvin Douglas BROWN, Appellant. |
Court | Pennsylvania Supreme Court |
Submitted Sept. 26, 1980.
John H. Corbett, Jr., Patrick McFalls, Asst. Public Defenders, Pittsburgh, for appellant.
Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist Atty., Pittsburgh, for appellee.
Before O'BRIEN, C. J., and ROBERTS, NIX, LARSEN, FLAHERTY KAUFFMAN and WILKINSON, JJ.
Appellant, Melvin Douglas Brown, tried on charges of murder and voluntary manslaughter, was found guilty by a jury of murder of the second degree. [1] At trial, appellant raised the defense of not guilty by reason of insanity. In support of his defense, appellant presented psychiatric testimony.
In his request for points of charge, appellant's counsel requested that the jury be instructed as to the consequences of a verdict of not guilty by reason of insanity. This request was denied. The defense renewed its request, however, after the prosecution's closing argument in which the prosecutor stated:
[2]
Again, the court refused the defense request for an instruction as to the consequences of a verdict of not guilty by reason of insanity. It did, however, instruct the jury that it should not concern itself with any possible future consequences of its verdict, stating that it was the court's duty to fix the penalty if the defendant was found "guilty." [3]
Nine days after the jury's verdict of guilty was returned, this Court rendered its decision in Commonwealth v. Mulgrew, 475 Pa. 271, 380 A.2d 349 (1977). Mulgrew unanimously held that "when insanity is raised as a possible defense to criminal charges, a jury must be instructed concerning the possible psychiatric treatment and commitment of the defendant after the return of a verdict of not guilty by reason of insanity." Id. at 277-78, 380 A.2d at 352.
In denying appellant's post-verdict motions, in which appellant again alleged that it was incumbent upon the court to instruct the jury as to the consequences of a verdict of not guilty by reason of insanity, the trial court acknowledged this Court's decision in Mulgrew but held that a new trial was not required because Mulgrew was decided after appellant's trial had been completed. Because appellant's conviction was not yet final at the time Mulgrew was decided, we hold that appellant is entitled to a new trial with an appropriate jury instruction on the consequences of a verdict of not guilty by reason of insanity. Thus, we vacate the judgment of sentence and remand for a new trial. [4]
In this Court's recent decision in August v. Stasak, 492 Pa. 550, 424 A.2d 1328 (1981), in the context of a civil proceeding, this Court reaffirmed the principle that a party whose case is pending on direct appeal is entitled to the benefit of changes in law which occur before the judgment becomes final. We held that appellants were entitled to the benefit of our holding in Brakeman v. Potomac Insurance Co., 472 Pa. 66, 371 A.2d 193 (1977) ( ), decided while their case was on direct appeal. Mr. Justice Larsen, writing for the Court, stated:
August v. Stasak, supra, at --- - ---, 424 A.2d at 1331. Mr. Justice Larsen also noted that the decision was "in perfect accord with numerous recent decisions in this state," id. at ---, 424 A.2d at 1331, citing this Court's decisions in Gibson v. Commonwealth, 490 Pa. 156, 415 A.2d 80 (1980) and Kuchinic v. McCrory, 422 Pa. 620, 222 A.2d 897 (1966). See also Azzarello v. Black Brothers Co., 480 Pa. 547, 391 A.2d 1020 (1978); Brubaker v. Reading Eagle Co., 422 Pa. 63, 221 A.2d 190 (1966).
Commonwealth v. Hill, 492 Pa. 100, ---, 422 A.2d 491, 499 (1980). (Opinion in Support of Reversal, Roberts, J., joined by O'Brien, C. J. and Flaherty, J.).
The principle that a court does not have power to enforce a law which is no longer valid but rather must apply the law as it exists at the time of its decision has been recognized since as early as United States v. Schooner Peggy, 5 U.S. (1 Cranch) 103, 2 L.Ed. 49 (1801). In Schooner Peggy, Justice Marshall wrote:
Id. at 110. Accord, Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975); Hamling v. United States, 418 U.S. 87, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974); Bradley v. School Board of Richmond, 416 U.S. 696, 711, 94 S.Ct. 2006, 2016, 40 L.Ed.2d 476 (1974); Thorpe v. Housing Authority, 393 U.S. 268, 89 S.Ct. 518, 21 L.Ed.2d 474 (1969); Ziffrin, Inc. v. United States, 318 U.S. 73, 63 S.Ct. 465, 87 L.Ed. 621 (1943); Vandenbark v. Owens-Illinois Glass Co., 311 U.S. 538, 61 S.Ct. 347, 85 L.Ed. 327 (1941); United States v. Chambers, 291 U.S. 217, 54 S.Ct. 434, 78 L.Ed. 763 (1934); Commonwealth v. Chaney, 465 Pa. 407, 350 A.2d 829 (1975); Commonwealth v. Saunders, 456 Pa. 406, 322 A.2d 102 (1974); Commonwealth ex rel. Smith v. Myers, 438 Pa. 218, 261 A.2d 550 (1970); Commonwealth v. Little, 432 Pa. 256, 248 A.2d 32 (1968); Commonwealth v. Cheeks, 429 Pa. 89, 239 A.2d 793 (1968); Commonwealth v. Jefferson, 423 Pa. 541, 226 A.2d 765 (1967). See Commonwealth v. Hill, supra, --- Pa. ---, 422 A.2d 491 (1980) (Opinion in Support of Reversal, Roberts, J., joined by O'Brien, C. J. and Flaherty, J.); Commonwealth v. Ernst, 476 Pa. 102, 381 A.2d 1245 (1977) (Opinion in Support of Reversal, Roberts, J., joined by O'Brien, J. and Manderino, J.); Commonwealth v. Cain, 471 Pa. 140, 369 A.2d 1234 (1977) (Opinion in Support of Reversal, Roberts, J., joined by O'Brien, J. and Manderino, J.).
Further, Commonwealth v. Hill, supra, --- Pa. at ---, 422 A.2d at 499 (Opinion in Support of Reversal, Roberts, J., joined by O'Brien, C. J. and Flaherty, J.). As this Court stated, Commonwealth ex rel. Smith v. Myers, supra, 438 Pa. at 236, 261 A.2d at 559. Certainly fairness demands that relief be granted not only in the first case which successfully contests a rule of law but also in all other cases pending on direct appeal which suffer from the same infirmity. To do otherwise in criminal proceedings is to impose an unwarranted hardship on defendants which affects their most fundamental rights of life and liberty, while serving no legitimate societal interest in applying an offensive law no longer valid. Cf. August v. Stasak, supra ( ).
Thus, because appellant is entitled to the benefit of this Court's decision in Commonwealth v. Mulgrew, supra, judgment of sentence is vacated and the case remanded.
Judgment of sentence vacated and case remanded for a new trial.
In granting relief to the instant appellant, the majority enters into a lengthy discussion as to whether the holding in Commonwealth v. Mulgrew, 475 Pa. 271, 380 A.2d 349 (1977) is applicable to the instant case. In my judgment this inquiry is unnecessary in reaching the proper result here. For...
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Com. v. Brown
...431 A.2d 905 494 Pa. 380 COMMONWEALTH of Pennsylvania v. Melvin Douglas BROWN, Appellant. Supreme Court of Pennsylvania. Submitted Sept. 26, 1980. Decided July 2, 1981. Page 906 [494 Pa. 381] John H. Corbett, Jr., Patrick McFalls, Asst. Public Defenders, Pittsburgh, for appellant. Robert E.......