Commonwealth v. Stewart
Commonwealth v. Stewart
Opinion of the Court
Opinion by
This is a direct appeal from the judgment of sentence of life imprisonment imposed on Frederick Charles Stewart following his conviction by a jury in Dauphin County of murder in the first degree.
The minimal standards of constitutional due process guarantees to the criminally accused a fair trial by a panel of impartial and “indifferent” jurors. Irvin v. Dowd, 366 U.S. 717, 81 S. Ct. 1639 (1961),
The Court initiated its examination of the case with the following general discussion of this area of the law: “The requirement that a jury’s verdict ‘must be based upon the evidence developed at the trial’ goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury. ‘The jury is an essential instrumentality—an appendage—of the court, the body ordained to pass upon guilt or innocence. Exercise of calm and informed judgment by its members is essential to proper enforcement of law.’ Sinclair v. United States, 279 U.S. 749, 765, 49 S. Ct. 471, 476, 73 L. Ed. 938. Mr. Justice Holmes stated no more than a truism when he observed that ‘Any judge who has sat with juries knows that, in spite of forms they are extremely likely to be impregnated by the environing atmosphere.’ Frank v. Mangum, 237 U.S. 309 at 349, 35 S. Ct. 582, at 595, 59 L. Ed. 969 (dissenting opinion).
“In the constitutional sense, trial by jury in a criminal case necessarily implies at the very least that the ‘evidence developed’ against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confrontation, of cross-examination, and of counsel. What happened in this case operated to subvert these basic guarantees of trial by jury. It is to be emphasized that the testimony of Vincent Rispone and Hulon Simmons was not confined to some uncontroverted or merely formal aspect of the ease for the prosecution. On the contrary, the credibility which the jury attached to the testimony of these two key witnesses must inevitably have determined whether Wayne Turner was to be sent to his death. To be sure, their credibility was assailed by Turner’s counsel through cross-examination
We realize that what we are in effect doing is presuming prejudice for the sake of insured fairness; however, this is exactly what the United States Supreme Court did in Turner, supra. Moreover, the Court employed this same presumption in the Sam Sheppard case where there was a question of prejudice as a result of pretrial stories in the news media. Sheppard v. Maxwell, 384 U.S. 333, 86 S. Ct. 1507 (1966).
In the instant case, the Commonwealth argues the voir dire examination would have revealed and cured any prejudice which would have come about as a result of the association between the victim’s father and the jurors. This argument, although superficially appealing, fails when analyzed in depth. As noted before, defense counsel learned of this information after the jury was sworn and thus there was no reason for the defense to question the prospective jurors on voir dire about this inherently prejudicial situation.
The Commonwealth also points out that each juror selected for the trial was asked on voir dire whether or not they knew anyone connected with the case, and each responded negatively. Assuming this to be true, the possibility still remains that some incident occurred
Judgment reversed and a new trial is ordered.
The jury’s verdict was returned on March 18, 1961, and sentence was imposed on the same day. No appeal was then entered; however, in 1969 we ruled Stewart had not intelligently waived his right to appeal and directed that he be permitted to file post-trial
As was stated in Irvin v. Dowd “In essence, the right to jury trial guarantees to the criminally accused a fair trial by a panel of impartial, ‘indifferent’ jurors. The failure to accord an accused a fair hearing violates even the minimal standards of due process. In
“The uudeviating rule of this Court was expressed by Mr. Justice Holmes over a half a century ago in Patterson v. State of Colorado ex rel. Attorney General, 205 U.S. 454, 462, 27 S. Ct. 556, 558, 51 L. Ed. 879 (1907) : ‘The theory of our system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print.’ Moreover, ‘the burden of showing essential unfairness * * * as a demonstrable reality,’ Adams v. United States ex rel. McCann, 317 U.S. 269, 281, 63 S. Ct. 236, 242, 87 L. Ed. 268 (1942), need not be undertaken when television has exposed the community ‘repeatedly and in depth to the spectacle of [the accused] personally confessing in detail to the crimes with which he was later to be charged.’ Rideau v. State of Louisiana, 373 U.S. 723, 726, 83 S. Ct. 1417, 1419, 10 L. Ed. 2d 663 (1963). In Turner v. State of Louisiana, 379 U.S. 466, 85 S. Ct. 546, 13 L. Ed. 2d 424 (1965), two key witnesses were deputy sheriffs who doubled as jury shepherds during the trial. The deputies swore that they had not talked to the jurors about the case, but the Court nonetheless held that: ‘even if it could be assumed that the deputies never did discuss the case directly with any members of the jury, it would be blinking reality not to recognize the extreme preju
“Only last Term in Estes v. State of Texas, 381 U.S. 532, 85 S. Ct. 1628, 14 L. Ed. 2d 543 (1965), we set aside a conviction despite the absence of any showing of prejudice. We said there: ‘It is true that in most cases involving claims of due process deprivations we require a showing of identifiable prejudice to the accused. Nevertheless, at times a procedure employed by the State involves such a probability that prejudice will result that it is deemed inherently lacking in due process.’ At 542-543, 85 S. Ct. at 1632. And we cited with approval the language of Mr. Justice Black for the Court in In re Murchison, 349 U.S. 133, 136, 75 S. Ct. 623, 625, 99 L. Ed. 942 (1955), that ‘our system of law has always endeavored to prevent even the probability of unfairness.’ ” Id. at 351-52, 86 S. Ct. 1516-17.
Concurring Opinion
Concurring Opinion by
I join the majority but wish to voice my disapproval of the then assistant district attorney’s failure to inform either the trial court or appellant that the victim’s father was on the jury panel. Both the ABA Code of Professional Responsibility and the ABA Project on Standards for the Prosecution Function command that “the prosecution should make timely disclosure to the defense of available evidence, known to him, that tends to negate the guilt of the accused; mitigate the degree of the offense, or reduce the punishment.”
The practical effect of the assistant district attorney’s failure to comply with the professional standards
ABA Code of Professional Responsibility and Canons of Judicial Ethics, Canon 7, EC 7-13; ABA Project on Standards for Criminal Justice, Standards Relating to the Prosecution Function and the Defense Function, The Prosecution Function, §3.11 (a) (Approved Draft 1971).
The ABA Project on Standards for Criminal Justice, Standings Relating to the Prosecution Function and the Defense Function, The Prosecution Function §1.1 (c) (Approved Draft 1971), specifically provides that “[t]he duty of the prosecutor is to seek justice, not merely convict.”
Reference
- Full Case Name
- Commonwealth v. Stewart, Appellant
- Cited By
- 79 cases
- Status
- Published