Opinion

Commonwealth v. Spotz

  • 563 Pa. 269
  • 759 A.2d 1280
  • 2000 Pa. LEXIS 2584
Court
Supreme Court of Pennsylvania
Filed
Oct 20, 2000
Status
Published
Author
Flaherty
On the bench
Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor
Cited by
88 cases

murder was not the same criminal episode as other murders committed over a three-day killing spree where there was additional evidence that defendant was the perpetrator that was unique to that case

How later courts described this case

  • murder was not the same criminal episode as other murders committed over a three-day killing spree where there was additional evidence that defendant was the perpetrator that was unique to that case
  • waived issue under Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court's obligation to issue Simmons charge requires defense request for charge
  • “A Simmons instruction . . . is required only if 9 the prosecution makes the defendant’s future dangerousness an issue in the case and the 10 defendant specifically requests such an instruction. Here, neither of the conjunctive 11 predicates requiring a Simmons instruction exists.”
  • endorsing a similar instruction

Written by the judges who cited it.

The opinion

FLAHERTY, Chief Justice,

concurring.

A jury with the weighty responsibility of deciding whether one lives or is put to death certainly should be made aware of what is meant by life without parole in this commonwealth, thus, although I join the majority, I write once again to express my view that a Simmons type instruction should be given in all capital cases.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.