# Commonwealth v. Williams

> Supreme Court of Pennsylvania · March 17, 1987 · 514 Pa. 62

URL: https://www.frixlaw.com/law-library/cases/9704900

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Raymond WILLIAMS, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 17, 1987
- **Citations:** 514 Pa. 62; 522 A.2d 1058; 1987 Pa. LEXIS 637
- **Precedential status:** Published
- **Opinion:** Concurrence by Nix
- **Judges:** Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9704900

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9704900. Public record. Not legal advice.