PA Superior Court: Relevant, Exculpatory DNA Evidence Requires New Homicide Degree of Guilt Hearing

Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Superior Court has decided the case of Commonwealth v. Payne. The Superior Court held that the trial court erred in denying the defendant a new degree of guilt hearing where recently-obtained DNA evidence showed that the defendant did not rape the victim in a case in which the prosecution obtained a conviction for first degree murder by relying primarily on the fact that the defendant had allegedly raped the victim prior to killing her. This case involved a Post-Conviction Relief Act (“PCRA”) challenge based on after-discovered evidence to the defendant’s conviction for first degree murder at a degree of guilt hearing in which the defendant pleaded guilty to homicide generally but argued that he should only be convicted of third degree murder. The degree of guilt matters tremendously in a homicide case because first degree murder requires a sentence of life without parole and third degree murder does not.

Commonwealth v. Payne

In 1977, the defendant pled guilty to murder generally, and three judges were empaneled to decide his degree of guilt. At this hearing, the Commonwealth presented evidence to support its position that the defendant committed a first degree murder. Specifically, the Commonwealth argued that the defendant murdered the victim while he was raping her.

As part of its case-in-chief, the Commonwealth presented the testimony of a Mr. Evans who was incarcerated with the defendant in Erie County prison. Mr. Evans testified that the defendant admitted to him that he strangled the victim in the woods after he raped her and that her death “was a culmination of a sexual fantasy that he had been living with for a long time; that he likes to tie women up and do crazy things to ‘em.” The Commonwealth also called a chemist employed with the Pennsylvania State Police to corroborate Mr. Evans’s testimony that the victim died while “protesting a sexual attack upon her.” The Commonwealth also presented a statement made by the defendant to the police.

Per the Superior Court’s decision, this statement was similar to Mr. Evans’s testimony. At the conclusion of the hearing, the defendant argued that this was a third degree murder. The Panel rejected his argument and convicted the defendant of first degree Murder. In its decision, the Panel placed significant weight on the conclusion that the defendant raped the victim when making its determination that it was a first degree murder and not third degree. Although other evidence was presented, the Panel relied exclusively of the testimony of Mr. Evans and the chemist in its opinion. The defendant was therefore automatically sentenced to life imprisonment without parole. The defendant then filed the first of several appeals and PCRA petitions.

After several unsuccessful attempts at post-conviction relief, on January 8, 1997, the defendant filed a PCRA petition requesting DNA testing on the seminal fluid that was recovered from the victim’s body. The PCRA court denied his petition. The Pennsylvania Superior Court affirmed the trial court’s decision and the Pennsylvania Supreme Court denied his petition for allowance of appeal. On February 6, 2003, the defendant filed a Motion for DNA testing pursuant to the then-newly passed provision of the PCRA permitting DNA testing under certain circumstances. The PCRA court again denied his motion, and he appealed to the Pennsylvania Superior Court. The Pennsylvania Superior Court affirmed the trial court decision and the Pennsylvania Supreme Court denied his petition for allowance of appeal.

Undeterred, the defendant then filed a complaint in the United States District Court for the Western District of Pennsylvania against the Erie County District Attorney’s Office alleging violations of 42 U.S.C. § 1983 for its refusal to permit the DNA testing. While his case was being litigated in federal court, the defendant filed a second motion for DNA testing. On October 4, 2011, the PCRA court again denied relief and both the Pennsylvania Superior Court and Supreme Court also denied him relief. However, on December 16, 2014, the United States District Court signed a stipulated order permitting the post-conviction DNA testing. The DNA test results established conclusively that the defendant was excluded as a contributor to the seminal fluid found on the victim’s body.

Based on this new evidence, the Defendant filed another PCRA petition asserting that he is entitled to a new trial or degree of guilt hearing based on this after-discovered evidence. Again, the PCRA court denied him relief and the defendant filed another appeal to the Pennsylvania Superior Court.

What is a Degree of Guilt Hearing?

A degree of guilt hearing is required when a defendant pleads generally to murder in a case in which the defendant could receive the death penalty. If a defendant pleads guilty or no-contest, then the degree of guilt shall be determined by a jury, unless the Commonwealth elects to have a judge make a determination as to what degree of murder the defendant is guilty of and consequentially what his sentence will be. These hearings are quasi-trials where the Commonwealth and the defense can present evidence and argue that the defendant should be found guilty of first or third degree murder.

What is after-discovered evidence under the PCRA?

42 Pa. C.S. § 9543 (a)(2)(vi) is the statute that governs the after-discovered evidence prong of the PCRA. In order to obtain relief under this subsection, which could include a new trial and/or sentencing, a defendant must show that 1) the evidence has been discovered after trial and it could not have been obtained at or prior to trial through reasonable diligence; 2) the evidence is not cumulative; 3) it is not being used solely to impeach credibility; and 4) it would likely compel a different verdict. The test is conjunctive, meaning that each element must be satisfied. Further, the defendant must satisfy each element by the preponderance of the evidence standard in order to be successful.

In making this determination, the court will consider several factors in making its decision including: the nature of the new evidence; whether, and to what extent, the new evidence is consistent or inconsistent with the other trial testimony; whether, and to what extent, the new evidence is consistent or inconsistent with documentary evidence; the prosecution’s theory at the original trial, and the difficulty of making this argument in light of the new evidence; the prosecutor’s closing remarks, which may demonstrate the importance of the new evidence; and other relevant factors. However, one must remember that this “after-discovered evidence” does not require that the new evidence prove a defendant’s innocence beyond a reasonable doubt. In other words, the defendant does not have to prove his innocence in order to be successful in his petition, he is only required to show that it would have likely compelled a different outcome.   

The Superior Court’s Decision

The Pennsylvania Superior Court held that the defendant was entitled to a new degree of guilt hearing. According to the Superior Court’s decision, the only issue was whether the defendant had established by a preponderance of the evidence that the DNA evidence would have changed the outcome of the trial if it had been introduced. In the instant case, the Superior Court held that this evidence would have changed the outcome of the hearing.

The reason is because the Commonwealth’s theory of the case was that the defendant killed the victim while sexually assaulting her. The prosecution repeatedly emphasized the evidence of seminal fluid during the closing argument to the Panel arguing that “at least it was a rape” and that the presence of seminal fluid was proof of the intent required for a first-degree murder conviction. As such, because the DNA evidence was uncontroverted in that the defendant was not the source, the Panel erred in placing such significant weight on it when making its decision. Further, this evidence discredits Mr. Evans’s testimony, a key witness against the defendant. Therefore, the defendant satisfied the after-discovered evidence requirements and the defendant is entitled to a new degree of guilt hearing.

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Criminal Defense Attorneys

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have obtained full acquittals, dismissals, and other successful results in cases involving charges such as Conspiracy, Aggravated Assault, Theft, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

PA Superior Court Upholds Dismissal of Case Where Prosecutor Intimidated Defense Witness

Criminal Defense Lawyer Zak Goldstein

The Pennsylvania Superior Court has decided the case of Commonwealth v. Byrd, upholding the trial court’s decision to dismiss serious criminal charges due to prosecutorial misconduct. Specifically, in Byrd, the trial court found that the assigned Assistant District Attorney intentionally intimidated a potential defense witness and pressured her not to come to court. The Superior Court agreed and found that the prosecutorial misconduct required the dismissal of the charges under the Double Jeopardy Clauses of both the United States and Pennsylvania constitutions.

Commonwealth v. Byrd

The defendant was charged with multiple drug, firearm, and sexual assault offenses in Allegheny County, PA. As a result of multiple suppression motions that the defendant filed on his behalf and which were on appeal with the Superior Court, only the charge of Persons Not to Possess a Firearm Charge (VUFA 6105) went to trial. The defendant demanded a jury trial and chose to represent himself, but he did have stand by counsel assisting him. The trial began on November 28, 2018. In the middle of the trial, the judge received a voice mail from a woman who had been set to testify as a character witness for the defendant in which the woman claimed that the assigned ADA intimidated her out of testifying.

The judge held a hearing outside the presence of the jury and played the voice mail. In this message, the witness stated that she had been threatened by the ADA. She stated that she was scared to the point where she did not want to participate in the trial. She further stated that the ADA told her that the defendant “is the most dangerous man that he has ever met or ever seen” and asked if she knew “how or why he was in jail up in Ohio.” The prosecutor also went into specific detail about the prior charges against the defendant. Finally, the prosecutor brought up personal details about the witness. He informed her that he was aware of her financial hardship, a recent break-up, and that “he knows a lot more about me than he should.” According to her, this phone call “freak[ed] [her] out,” and  she was scared of retaliation by the District Attorney’s Office and police. She was concerned that she or her family members could be charged with a crime that they did not commit. At the end of the hearing, the judge declared a mistrial because of the ADA’s actions.

The trial court then held hearings on February 13, 2017 and March 20, 2017 to determine whether the case against the defendant should be dismissed with prejudice. At the hearing, the ADA testified. On direct examination, he testified that he obtained personal information about the witness from listening to the phone calls from the defendant. He further stated that the purpose of the call was to see whether the defendant’s prior convictions would affect her opinion of the defendant. He denied that he was trying to intimidate her.

On cross-examination, he admitted that he told the witness that the defendant was one of the most dangerous people that he had ever met. He also admitted that he knew personal details about the witness from listening to the defendant’s prison phone calls. After these hearings, the trial court dismissed the charge with prejudice. The trial court then banned the prosecutor from ever litigating in her courtroom again and called him “sneaky.” The Commonwealth appealed.

In its appeal, the Commonwealth did not dispute that a mistrial should have been granted in the defendant’s case. The Commonwealth only appealed the finding of prosecutorial misconduct that resulted in the trial court dismissing the charges and preventing retrial because of double jeopardy. Specifically, the Commonwealth argued that the trial court failed to discern the distinction between prosecutorial error, which would not require the dismissal of the charges, and prosecutorial overreach, which would.  

What is Double Jeopardy?

The Double Jeopardy Clauses of the Fifth Amendment to the United States Constitution and Article 1, § 10 of the Pennsylvania Constitution protect a defendant from repeated criminal prosecutions for the same criminal episode. The basic premise behind the Double Jeopardy Clause is that the government only gets one opportunity to convict a defendant. If the defendant is acquitted of a crime, then the government cannot try him again. However, an acquittal is not the only way to trigger the Double Jeopardy Clauses. It is also important to note that a state court conviction or acquittal may not prevent the federal government from prosecuting the defendant on federal charges.

Can Prosecutorial Misconduct Trigger Double Jeopardy Protections?

Yes. If a prosecutor engages in certain forms of intentional misconduct, the Double Jeopardy Clause bars retrial. Pennsylvania’s Constitution provides broader protections for criminal defendants than the U.S. Constitution. Consequently, Article I § 10 of the Pennsylvania Constitution bars retrial not only when prosecutorial misconduct is intended to provoke the defendant into moving for a mistrial, but also when the conduct of the prosecutor is intentionally undertaken to prejudice the defendant to the point of the denial of a fair trial. It is important to note that that an error by a prosecutor does not necessarily deprive the defendant of a fair trial. However, where the prosecutor’s conduct changes from mere error to intentionally subverting the court process, then a fair trial is denied and the charges must be dismissed.

It is important to emphasize that an inadvertent mistake by a prosecutor can be remedied by a mistrial and subsequent re-trial. It is only the more egregious actions by prosecutors that will result in the court dismissing the case with prejudice. As the Pennsylvania Superior Court stated in a previous decision that addressed this issue “intentional prosecutorial misconduct…raises systematic concerns beyond a specific individual’s right to a fair trial that are left unaddressed by retrial.”

The Superior Court’s Decision

The Pennsylvania Superior Court affirmed the trial court’s dismissal of the charges against the defendant. Two judges voted in favor of affirming the order, and one judge dissented. The Court agreed that the ADA intentionally intimidated the witness to prevent her from testifying with the intent of depriving the defendant of a fair trial. Specifically, the Superior Court was deeply troubled by the prosecutor’s conduct in informing the witness of personal details of her life and that he editorialized about the defendant’s dangerous propensity. The Superior Court found that the prosecutors statements placed the witness in fear for her own safety and for that of her family. Thus, according to the Superior Court, the prosecutor’s actions were intended to deprive the defendant of a fair trial. His acts triggered double jeopardy protections, and the case against the defendant was properly discharged.

Facing criminal charges? We can help.

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Theft, Rape, and Attempted Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

PA Supreme Court: Defendant Has Right To Introduce Evidence That Someone Else Did It

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Gill, holding that the Superior Court erred when it reversed the trial court’s ruling that permitted the defendant to introduce evidence of other burglaries in an attempt to show that someone else had committed the burglary in this case. This is an important decision both because it re-affirms that a defendant has the right to try to prove that someone else could have committed the crime charged and because it limits the Superior Court’s ability to reverse an evidentiary decision of the trial court permitting a defendant to introduce that evidence.

The Facts of Gill

In 2013, a Pennsylvania State Police Trooper was assigned to investigate an alleged burglary that had recently occurred at a residence owned by the complainant in French Creek Township, Pennsylvania. The complainant reported to the trooper that someone had stolen $40,000 in $100 bills from a bag inside of a lockbox in his basement. He also stated that the money was still in the lockbox on July 26, 2013, when he placed his monthly deposit into the bag.

The complainant stated that he did not observe any signs of a forced entry into the home and that he suspected that the person who had stolen the money entered his home by way of the keypad on his garage door. According to the complainant, there were only two people who knew the code and where he kept his money: the defendant and his neighbor. He did not suspect the neighbor because he had known her for over 25 years and trusted her. He stated that he suspected the defendant because he had only known him for a few years and that the defendant was having financial problems, including a recent bankruptcy.

The trooper subsequently interviewed the defendant. The defendant confirmed that he knew about the complainant’s money, where the money was kept, and where the complainant stored the key to his lockbox. The trooper also learned that the defendant recently bought a truck and paid for the truck in $100 bills. The trooper then filed a criminal complainant charging the defendant with burglary, theft by unlawful taking, receiving stolen property and criminal trespass.

The defendant subsequently filed a document entitled “Motion for Release of Investigatory Files/Omnibus Pretrial Motion.” In the motion, the defendant averred that he became aware that the complainant accused another unknown person of burglarizing his home, on two separate occasions, and stealing money from a safe located in his home between May 1, 2016 and June 23, 2016. The trial court granted the defendant’s motion to allow him access the State Police’s investigatory file concerning the 2016 incident. Based on this review, the defendant subsequently filed a Motion in Limine asking the trial court to allow the admission of this evidence at trial to show that someone else could have committed the burglary.

According to the defendant’s motion, the allegations against him and the subsequent allegations made by the complainant were almost identical. Specifically, both allegations alleged that approximately $40,000 was stolen, the money was stolen from a lockbox, one of the incidents did not show signs of forced entry, and the perpetrator had knowledge about the safe/lockbox. The defendant argued that he should be allowed to introduce this evidence at his trial. Additionally, he filed another Motion in Limine to introduce the testimony of the complainant’s daughter. Per the defendant, she would testify that the complainant previously accused her of breaking into his home and stealing $30,000. Additionally, she would testify that the complainant previously accused two other individuals of breaking into his home and stealing tools. The defendant wanted to introduce this testimony to show that the complainant has a penchant for accusing people of burglary and that someone else may have committed this crime.

The trial court held a hearing on the motions. At the conclusion of the hearing, the court granted his motion in part and denied it in part. The court permitted the defendant from presenting evidence of the subsequent 2016 burglaries but denied his motion to allow the complainant’s daughter to testify. In the same order, the court directed the Commonwealth to provide all reports, statements, and investigatory files regarding the 2016 incident. The Commonwealth then filed an interlocutory appeal to the Superior Court.

In a published opinion, the Superior Court granted the Commonwealth’s appeal and issued an order barring the defendant from introducing the evidence of the other burglaries at trial. In its appeal, the Pennsylvania Superior Court held that the 2013 and 2016 burglaries were not “so similar, distinctive, or unusual as to suggest that they are the handiwork of one individual.” The Superior Court stated that “the fact the burglaries involved the same residence, and the victim reported to have similar amounts stolen in the 2013 and…2016[] burglaries” were insufficient factors to conclude that both burglaries were done by the same individual. The defendant then appealed to the Pennsylvania Supreme Court.   

Can I present evidence that someone else did the crime?

Maybe. Attorneys are always permitted to try to present evidence at trial, but the evidence must be admissible under the rules of evidence. The rules of evidence can be very restrictive, but usually these rules are to the defendant’s advantage. Why? Because it is the Commonwealth’s burden to provide enough evidence to convict a defendant beyond a reasonable doubt, so it is usually the Commonwealth that is presenting the majority of the evidence and struggling to get that evidence admitted. The defense often does not present any evidence at all.

One well-known example of a rule of evidence that often benefits the defense is the rule against hearsay. The rules of evidence prohibit the use of hearsay in a criminal trial, and this is usually to the defendant’s advantage because it forces the Commonwealth to bring the actual witnesses of an alleged crime to court rather than relying on a police officer who would merely testify to what these witnesses told him. However, as shown in Gill, the defense can also be hamstrung by the rules of evidence. In Gill, the defense attorney was prohibited by the Superior Court from calling the complainant’s daughter to testify because of an evidentiary ruling made by the trial court.  

Nonetheless, the defendant’s attorney was successful in convincing the trial court to permit him to introduce evidence from the other burglary. This allowed him to show not only that someone other than the defendant may have committed these crimes, but also that there are issues with the complainant’s credibility and memory (the complainant appeared to have quite the bad luck by getting burglarized and having $40,000 repeatedly stolen from him). More importantly, however, the defendant was now able to show that other people have burglarized his home using the keypad. Thus, because the complainant’s home continued to be burglarized in this highly specific way (when presumably the defendant could show that he did not commit these subsequent burglaries) then this would be evidence that the defendant did not commit the 2013 burglary.

It may go without saying, but the facts in Gill are unique. Nonetheless, there are other ways to introduce evidence that someone else committed a crime. For example, let’s assume that you are stopped in a car and the police then search the car and find drugs. Let’s also assume that you are not the only occupant of the vehicle and one of the people in the car has a prior conviction for possessing a controlled substance. If you are charged with possessing those drugs, you can file what is called a Thompson motion. This motion would allow you to bring the passenger’s prior convictions for possession and would give you additional support that those drugs did not belong to you. If you are arrested and charged with any type of crime, you need an experienced attorney who knows the rules of evidence so that you can be properly defend your case.

Ultimately, all evidence must be relevant in order to be admissible. If evidence is not relevant, then a trial court may properly exclude the admission of the evidence. In this case, the issue was simply whether the defendant’s proffered evidence of the subsequent burglaries would be relevant to show whether or not he had committed the crime. In making that determination, the court had to look at how similar the burglaries were in order to determine whether they would be exculpatory for the defendant. The trial court concluded that they were sufficiently similar to suggest that the defendant may not have committed the first burglary. The Superior Court, however, disagreed.

The PA Supreme Court’s Decision

The Pennsylvania Supreme Court found that the Superior Court erred when it overturned the trial court’s decision to allow the defendant to introduce evidence from the subsequent burglary. The Supreme Court found that the Superior Court improperly conducted its own review of whether it thought that the evidence would be relevant instead of applying the correct “abuse of discretion” standard and evaluating whether the trial judge’s reasoning was properly based in law. What this standard means is that the Superior Court should not make its own ruling. Instead, if the trial court’s decision is arguably correct, then the Court should affirm the decision even if different judges could reasonably degree. The Supreme Court noted that it is “improper for an appellate court to step into the shoes of the trial judge and review the evidence de novo.” The Supreme Court also criticized the Superior Court for its evaluation of the evidence. The Supreme Court found that the Superior Court substituted its judgment for that of the trial court which is not permissible. Finally, the Supreme Court found that the trial court did not abuse its discretion when it granted the defendant’s motion and thus the trial court’s ruling will stand.

Facing Criminal Charges? We Can Help.

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and successful outcomes in cases involving charges such as Possession with the Intent to Deliver, Violations of the Uniform Firearms Act, Aggravated Assault, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

PA Superior Court Limits Collateral Estoppel Defense

Zak Goldstein - Criminal Defense Lawyer

Pennsylvania law provides a potential defense to some criminal charges called collateral estoppel. Collateral estoppel may apply to bar a second trial in limited circumstances where the defendant has been acquitted of closely related charges in a first trial. The doctrine is somewhat limited in Pennsylvania because juries are not asked to provide an explanation for what they think happened; instead, jurors simply find a defendant guilty or not guilty of charges. The defense may then argue that a re-trial should be barred because a defendant has been acquitted of charges which required the same conduct with which the defendant is again charged in order for the jury to find the defendant guilty in a second trial.

The recent Pennsylvania Superior Court case of Commonwealth v. Winchester provides an example of this potential defense. In Commonwealth v. Winchester, the PA Superior Court found that the Commonwealth was not collaterally estopped from retrying a defendant for human trafficking charges after an acquittal for related robbery and theft charges because the human trafficking charges were significantly different from the related robbery and theft charges.

The Facts of Commonwealth v. Winchester

In Winchester, prosecutors alleged that the defendant contacted the complainant on backpage.com. The complainant offered sexual services through an advertisement on this website. The defendant then also contacted the complainant through text messages to set up an appointment. When the defendant arrived at the complainant’s apartment, he was let inside. The complainant was wearing a robe when she answered the door.

When the complainant went to take off her robe, the defendant pulled out a gun and pointed it at her face. The defendant then threatened her with a weapon, zip-tied her, and stole $2,700 from her. The defendant then told her that she could have her money back if she worked for him. The defendant then left her residence and told her he would return by 11:30. After he left, the complainant was able to free herself, and she called the police. The defendant then returned and was promptly arrested. When he was arrested, zip ties were found in his car matching those used to restrain the victim.

The Commonwealth filed a criminal information charging the defendant with robbery, theft by unlawful taking, terroristic threats, trafficking in individuals, and attempted involuntary servitude. At the trial, the complainant testified to the above-stated facts. The defendant also testified. He testified that he and the complainant had a prior relationship and that his communications with her, after finding her on the website, was an effort to confirm his own suspicion that the complainant was prostituting herself. The defendant testified that he called her a “whore,” which upset the complainant. This, arguably, was the reason why the complainant made up these allegations against him. The defendant denied binding her, robbing her, or telling her that he would “pimp” her out. He also testified that the zip ties in his car were related to his construction work.

Following the trial, the jury found the defendant not guilty of robbery, theft by unlawful taking, and terroristic threats. The jury did not reach a verdict on trafficking in individuals and attempted involuntary servitude. On June 5, 2017, the defendant filed a motion for dismissal, arguing that the Commonwealth intended to retry him on the charges of trafficking in individuals and attempted involuntary servitude, but the trial court should apply the doctrine of collateral estoppel and dismiss the remaining charges. A hearing was held on June 26, 2017. On August 14, 2017, the court issued an order granting the defendant’s dismissal motion. The Commonwealth then filed a timely appeal.

What is Collateral Estoppel?

The doctrine of collateral estoppel is a part of the Fifth Amendment’s guarantee against Double Jeopardy. It is important to note that the collateral estoppel clause does not automatically bar subsequent prosecution of a defendant. It only bars the re-litigation of a particular issue that has already been decided by a court. What this means is that if an issue of law, fact, or evidentiary ruling has already been decided by a prior court order, the issue cannot be re-litigated in a future lawsuit.

In Pennsylvania, courts will apply the collateral estoppel doctrine if the following threshold requirements were met: 1) the issues in the two actions are sufficiently similar and sufficiently material to justify invoking the doctrine; 2) the issue was actually litigated in the first action; and 3) a final judgment on the specific issue in question was issued in the first action. For collateral estoppel purposes, a final judgment includes any prior adjudication of an issue in another action that is sufficiently firm to be accorded conclusive effect. If the previous adjudication was based on a resolution of an issue in a manner favorable to the defendant with respect to a remaining charge, the Commonwealth is precluded from attempting to re-litigate that issue in an effort to resolve it in a contrary way at a future trial.

This sounds confusing, and it can be. To give a simple example of how collateral estoppel would prevent the Commonwealth from retrying a defendant, let’s assume that a defendant is charged with murder, aggravated assault, and simple assault. The facts of this hypothetical case are that a defendant beats a victim to death with his bare hands. Let’s further assume that after a trial, the jury is unable to reach a verdict on the murder charge, but finds the defendant not guilty of the simple assault charge. Because of the doctrine of collateral estoppel, the Commonwealth would be precluded from prosecuting the defendant on the murder charge because he was found not guilty of the simple assault charge. The reason is because the simple assault was a constituent element of the homicide charge. As such, there was already a finding that the defendant did not assault the victim and consequently the Commonwealth would be precluded from retrying the defendant on the homicide charge.

PA Superior Court Rejects Collateral Estoppel Defense Because of Differences in Statutes

Here, the Pennsylvania Superior Court overturned the trial court’s order granting the defendant’s motion to dismiss. The Superior Court concluded that the defendant’s acquittal of the robbery and theft charges did not negate the necessary elements to potentially convict him of the involuntary servitude or trafficking charges. In other words, a jury could believe that the defendant did not rob the complainant, but he did intend to force her into the sex trade. In making its decision, the Superior Court reviewed the trafficking and involuntary servitude statutes. Based on this review, the Superior Court held that the defendant’s acquittal of the robbery and theft charges did not preclude a subsequent prosecution of the trafficking and involuntary servitude offenses because robbing or stealing from her were not predicate elements of these respective charges. In other words, the defendant could have been trafficking her without robbing her or stealing from her. Therefore, the Commonwealth can retry the defendant on these remaining charges.   

Facing Criminal Charges? We Can Help.

Goldstein Mehta LLC Criminal Defense Lawyers

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Attempted Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.