Opinion

Commonwealth v. Brown

  • 503 Pa. 514
  • 469 A.2d 1371
  • 1983 Pa. LEXIS 815
Court
Supreme Court of Pennsylvania
Filed
Dec 29, 1983
Status
Published
Author
McDERMOTT
On the bench
Roberts, Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala
Cited by
76 cases
Authority
More cited than 9.0%

Limited by Lyness v. Com., State Bd. of Medicine, 127 Pa. Commw. 225 (1989)

explaining the required application of issue preclusion, rooted in the Fifth Amendment’s guarantee against double jeopardy, as concerns issues of ultimate fact decided favorably to an accused via a valid and final judgment citing Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 1194, 25 L.Ed.2d 469 (1970)

How later courts described this case

  • explaining the required application of issue preclusion, rooted in the Fifth Amendment’s guarantee against double jeopardy, as concerns issues of ultimate fact decided favorably to an accused via a valid and final judgment citing Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 1194, 25 L.Ed.2d 469 (1970)
  • holding that the Commonwealth cannot establish probation violation where defendant was acquitted of the charges that constituted the alleged VOP
  • regardless of how United States Supreme Court may ultimately resolve federal constitutional issue, as matter of state law principle of collateral estoppel precludes finding of probation revocation based on probationer’s participation in a crime where probation revocation hearing was deferred until after trial at which probationer was acquitted of the crime
  • “In a revocation hearing the Commonwealth has the obligation of establishing its case by a preponderance of the evidence.”

Written by the judges who cited it.

Later courts went against this

  • Limited by Lyness v. Com., State Bd. of Medicine, 127 Pa. Commw. 225 (1989)

    See People v. Grayson, 58 Ill. 2d 260 (1974), cert. denied, 421 U.S. 994 (1975), questioned in In re Nau, 153 Ill. 2d 406, 428 (1992); Commonwealth v. Brown, 503 Pa. 514 (1983), limited in Lyness v. State Bd. of Medicine, 127 Pa. Commw. 225, 239 (1989), and in Hawkins v. Pennsylvania Bd. of Probation & Parole, 88 Pa. Commw. 547, 553 (1985).1
    Commonwealth Court of PennsylvaniaJun 29, 1989medium confidenceRead it

Distinguished

  • Distinguished by Commonwealth v. Shepler, 43 Pa. D. & C.5th 225 (2014)

    Brown, therefore, is inapposite, its reasoning having no application where the facts underlying a probationer’s new charges have not already been resolved in his favor.
    Pennsylvania Court of Common Pleas, Jefferson CountyJun 27, 2014Read it
  • Distinguished by Commonwealth v. Davis, 17 Pa. D. & C.4th 439 (1992)

    We believe Brown is distinguishable on its facts.
    Pennsylvania Court of Common Pleas, Montgomery CountyJun 30, 1992Read it
  • Distinguished by Hawkins v. Commonwealth, Pennsylvania Board of Probation & Parole, 88 Pa. Commw. 547 (1985)

    Brown is also distinguishable from the case ait bar in that the only violation of probation alleged in Brown was new criminal conduct — the probationer’s alleged participation in a robbery.
    Commonwealth Court of PennsylvaniaApr 10, 1985Read it

The opinion

McDERMOTT, Justice,

dissenting.

I dissent and would affirm based upon the opinion of the Superior Court. See Commonwealth v. Brown, 281 Pa.Super. 348 , 422 A.2d 203 (1980).

HUTCHINSON, J., joins in this dissenting 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.

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.