Opinion

Commonwealth v. Williams

  • 514 Pa. 62
  • 522 A.2d 1058
  • 1987 Pa. LEXIS 637
Court
Supreme Court of Pennsylvania
Filed
Mar 17, 1987
Status
Published
Author
Nix
On the bench
Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
Cited by
46 cases
Authority
More cited than 8.9%

death sentence cannot stand where jurors were informed that appellant was wanted in two other states on murder charges

How later courts described this case

  • death sentence cannot stand where jurors were informed that appellant was wanted in two other states on murder charges
  • refusal to grant request for appointment of new counsel on eve of trial was not abuse of discretion given defendant’s failure to state “substantial reasons” why new counsel should be appointed
  • trial court’s ruling on a challenge for cause, based upon prospective juror's answers and demeanor during voir dire, will not be reversed absent a palpable abuse of discretion
  • no special treatment for juveniles guaranteed by the Constitution

Written by the judges who cited it.

The opinion

NIX, Chief Justice,

concurring.

While I join the majority opinion, I do believe there is merit in the position of Mr. Justice Larsen relating to the right of this Court to remand the cause for a new sentencing procedure that is not tainted. In such a proceeding the option for the reentry of the death penalty should be available. See United States v. Ball, 163 U.S. 662 , 16 S.Ct. 1192 , 41 L.Ed. 300 (1896). Such a construction would not only protect the defendant who complains of error during the sentencing stage but would also protect society. However, in light of the language of section 9711(h)(2) of the Sentencing Code, 42 Pa.C.S. § 9711(h)(2), such a clarification is best left to the legislature. As the statute is presently construed, judicial tribunals are reluctant to overturn sentences of death, particularly in circumstances as horrendous as this, where that action precludes the reimposition of a sentence of death, even though the subsequent proceeding is free of error and such a sentence is fully justified under the evidence.

McDERMOTT, J., joins in this concurring opinion.

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.

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