Commonwealth v. Caufman
Commonwealth v. Caufman
Opinion of the Court
OPINION OF THE COURT
This is an appeal by allowance from an order of the Superi- or Court which reversed an order of the Court of Common Pleas of Erie County denying a motion to dismiss, on double jeopardy grounds, a charge of homicide by vehicle. The pertinent facts are as follows.
At issue is the Superior Court’s reversal of the trial court’s ruling that appellee’s plea of guilt to the charge of driving at an unsafe speed did not bar prosecution of the homicide by vehicle charge. We reverse.
Initially it is noted that this case is governed by double jeopardy analysis rather than by the requirement in 18 Pa. C.S. § 110 that charges arising from the same criminal episode be joined for prosecution or the “compulsory joinder rule” set forth in Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973), vacated and remanded, 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), on remand, 455 Pa. 622, 314 A.2d 854 (1974), cert. denied, 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974). The statutory joinder requirement and Campana are inapplicable where, as here, the offense first prosecuted was a summary one. Commonwealth v. Beatty, 500 Pa. 284, 455 A.2d 1194 (1983). Accord Commonwealth v. Taylor, 513 Pa. 547, 522 A.2d 37 (1987).
Presently, both the trial court and the Superior Court applied the double jeopardy rule announced by the Supreme Court of the United States in Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990), which required that charges resting on proof of the same criminal conduct be joined for prosecution except where facts necessary to joinder were not discovered despite the exercise of “due diligence” by prosecuting authorities. 495 U.S. at 510, 516 n. 7, 110 S.Ct. at 2087, 2090 n. 7, 109 L.Ed.2d at 557, 561 n. 7.
The trial court held that failure to consolidate the homicide by vehicle charge and the charge of driving at an unsafe speed was excused because the prosecution demonstrated due dili
We granted allowance of appeal to consider whether the due diligence exception of Grady was applied properly below. The Grady decision has, however, recently been expressly overruled by the Supreme Court of the United States in United States v. Dixon, 509 U.S. —, 113 S.Ct. 2849, 125 L.Ed.2d 556 (1993). The holding of Dixon makes it unnecessary to reach the issue of due diligence in this case. Dixon cast aside the Grady analysis of whether multiple criminal charges rest on proof of the same underlying conduct, and reinstated the double jeopardy test that was followed prior to Grady. The Supreme Court stated:
In both the multiple punishment and multiple prosecution contexts, this Court has concluded that where the two offenses for which the defendant is punished or tried cannot survive the “same-elements” test, the double jeopardy bar applies. See ... Blockburger v. United States, 284 U.S. 299, 304, 76 L.Ed. 306, 52 S.Ct. 180 [182] (1932).... The same-elements test, sometimes referred to as the “Block-*303 burger” test, inquires whether each offense contains an element not contained in the other; if not, they are the “same offence” and double jeopardy bars additional punishment and successive prosecution....
We recently held in Grady that in addition to passing the Blockburger test, a subsequent prosecution must satisfy a “same-conduct” test to avoid the double jeopardy bar. The Grady test provides that, “if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted,” a second prosecution may not be had. 495 U.S., at 510, 109 L.Ed.2d 548, 110 S.Ct. 2084 [at 2087].
We have concluded, however, that Grady must be overruled. Unlike Blockburger analysis, whose definition of what prevents two crimes from being the “same offence,” U.S. Const., Arndt. 5, has deep historical roots and has been accepted in numerous precedents of this Court, Grady lacks constitutional roots. The “same-conduct” rule it announced is wholly inconsistent with earlier Supreme Court precedent and with the clear common-law understanding of double jeopardy.
Dixon, 509 U.S. at — - —, 113 S.Ct. at 2856-2860, 125 L.Ed.2d at 568-573.
The test approved by Dixon, to wit, the “same-elements” test of Blockburger, has long been followed in this Commonwealth. Commonwealth v. Allen, 506 Pa. 500, 510-14, 486 A.2d 363, 368-70 (1984), cert. denied, 474 U.S. 842, 106 S.Ct. 128, 88 L.Ed.2d 105 (1985). It requires a comparison of the elements of the offenses to determine whether ‘“each [offense] requires proof of a fact which the other does not.’ ” Id. at 510, 486 A.2d at 368 (quoting Blockburger, 284 U.S. at 304, 52 S.Ct. at 182, 76 L.Ed. at 309). Applying this test to the present case, it is clear that homicide by vehicle and driving at an unsafe speed are not the “same offence,” U.S. Const, amend. V. Prosecution of the homicide by vehicle
Plainly, the elements of the two offenses are not the same. Each offense requires an element not required by the other.
Homicide by vehicle requires that there have been a death caused by a criminally negligent or reckless violation of law. 75 Pa.C.S. § 3732 (homicide by vehicle); Commonwealth v. Heck, 517 Pa. 192, 535 A.2d 575 (1987). Driving at an unsafe speed obviously does not require that there have been a death; nor does it require criminally negligent or reckless behavior. 75 Pa.C.S. § 3361 (driving at safe speed). Likewise, the latter offense necessarily involves driving at excessive speed. Homicide by vehicle does not. See Matter of Huff, 399 Pa.Super. 574, 581-82, 582 A.2d 1093, 1096-97 (1990), aff'd, 529 Pa. 442, 604 A.2d 1026 (1992). Although proof of the homicide by vehicle charge will involve proof of the manner in which appellee was driving, “mere overlap in proof between two prosecutions does not establish a double jeopardy violation.”
Hence, double jeopardy does not bar appellee’s prosecution for homicide by vehicle. The order of the Superior Court to the contrary must, therefore, be reversed.
Order reversed.
PAPADAKOS, J., did not participate in the decision of this case.
MONTEMURO, J., did not participate in the consideration or decision of this case.
CAPPY, J., files a dissenting opinion.
. The police investigator assigned to the case went on vacation before the victim’s death and did not return to work until just before November 14, 1990, thereby causing the delay in filing the homicide by vehicle . charge.
. The Superior Court noted, however, as did the trial court, that the manner in which summary traffic charges are handled in this Commonwealth makes it very difficult to ensure that a person does not plead guilty to a summary offense prior to being charged with a more serious offense. Once charged with a summary offense, one can plead guilty and pay the fine at any time within ten days after receipt of a summons and without a personal appearance in court. Pa.R.Crim.P. 62, 64.
. The complaint charging homicide by vehicle alleges that, in addition to driving at an unsafe speed, appellee consumed alcohol and wove in and out of traffic and passed vehicles during nighttime hours in the midst of dense pedestrian and vehicular traffic.
Dissenting Opinion
dissenting.
Because I cannot agree with the Majority’s conclusion that appellee’s prosecution for homicide by vehicle is permitted under principles of double jeopardy, I must dissent. In addition, I write separately to express my strong disagreement with the Majority’s reasoning and analysis regarding the interplay between 18 Pa.C.S. § 110, the compulsory joinder rule, federal double jeopardy and state double jeopardy principles.
This case is unique in that both the trial court and the Superior Court relied exclusively upon a decision of the United States Supreme Court, to wit, Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990), which although good law at the time both of those courts decided the case sub judice, has now been overruled. In Grady, the United States Supreme Court held that in addition to passing the Blockburger test
The Commonwealth on appeal to this Court argues that the Superior Court’s decision, because predicated upon Grady, must be reversed and the charge of homicide by vehicle reinstated under the Blockburger test. The Commonwealth further argues that the Superior Court erred in determining that the “due diligence” exception to the principles of double jeopardy was not here met. Appellee originally argued in her
Initially, while I agree that the United States Supreme Court’s holding in Dixon specifically overruled the decision in Grady and that the federal test for purposes of Double Jeopardy is the Blockburger test, I disagree with the Majority’s application of that test to the facts presented in the instant appeal. The Blockburger test focuses on whether each offense contains an element not contained in the other; if each offense does not contain an element distinct from the other offense, the offenses are deemed to be the “same offense” for purposes of the Fifth Amendment Double Jeopardy protection and therefore, the subsequent prosecution is barred. At issue in Blockburger was whether two offenses were sufficiently distinguishable to permit the imposition of multiple punishments. As enunciated therein:
The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires*307 proof of a fact which the other does not ... (emphasis added)
Id. at 304, 52 S.Ct. at 182, 76 L.Ed. at 309.
While correctly setting forth the Bloekburger test, the Majority applies that test in a manner which I believe to be unsupported in the case law. The crux of the difference between my reading of the cases and that advanced by the Majority is that the Majority would look at the double jeopardy issue in a sterile theoretical vacuum, and find that the two offenses contain “distinct” elements as long as the cold language of the statute says they do. My reading of the cases, however, is that the double jeopardy guarantee is meant to deal with actual defendants and actual circumstances. If it is possible that two offenses could contain distinct elements on paper, but in fact one is subsumed within the other because (as here) the government has declared its intention to prosecute the cases in that fashion, Double Jeopardy is as real and abhorrent as if the same statute had been twice invoked to send the same defendant to jail for the same offense.
The Majority in this case leaps from the fact that the homicide by vehicle statute subsumes many different traffic violations and does not necessarily involve driving at an unsafe speed, to the conclusion that the two offenses “contain different elements” for purposes of the Double Jeopardy clause of the Fifth Amendment. Yet the government in this
In Vitale, the defendant was convicted for failing to reduce speed to avoid an accident. He was subsequently charged with involuntary manslaughter. The United States Supreme Court there held that irrespective of the fact that manslaughter by automobile under Illinois law did not always entail proof of a failure to reduce speed, Double Jeopardy would bar the prosecution for manslaughter if the prosecution either indicated prior to trial that it would rely upon the failure to reduce speed to prove manslaughter, or if during trial, the prosecution actually did rely upon same. The Court ultimately remanded the matter to the Illinois state court for further proceedings. Notably, one of the stated reasons for the remand was the fact that the prosecution had yet to reveal the basis for its manslaughter charge.
The statute at issue here is similar to those at issue in Vitale and Dixon in that the offense of homicide by vehicle incorporates the entire Vehicle Code, except driving under the influence of alcohol or a controlled substance.
A conclusion that the Blockburger test bars the prosecution for homicide by vehicle does not, however, end the inquiry. The United States Supreme Court has recognized an exception, commonly referred to as the “due diligence” exception, which may render the bar of Double Jeopardy not effective. In essence, the due diligence exception provides that while the
Notwithstanding the Superior Court’s reliance upon Grady and Commonwealth v. Labelle, 397 Pa.Super. 179, 579 A.2d 1315 (1990), reversed on other grounds, 531 Pa. 256, 612 A.2d 418 (1992), I agree with that court’s conclusion that the due diligence exception is not applicable under the present facts. As the Superior Court (Montemuro, J., now Senior Justice Montemuro) noted:
In the instant case, there was an accident in which an elderly woman was sent to the hospital in serious condition. On October 30, [1990,] four days after the accident, after consultation with the district attorney’s office, appellant was cited for driving at an unsafe speed. On November 2, 1990,*313 the victim died as a result of injuries suffered from being struck by appellee. On November 14, [1990] appellee paid the traffic citation, and on the same day was charged with homicide by vehicle.
It is true that the district attorney’s office could not possibly have charged appellant with homicide by vehicle before November 2, 1990, when Ms. Smith died. Furthermore, if appellee pleaded guilty prior to the time the district attorney’s office knew that a death was caused by the accident, then double jeopardy would not attach. See Diaz v. United States, 223 U.S. 442, 32 S.Ct. 250, 56 L.Ed. 500 (1912) (subsequent trial for murder was not barred by prior conviction for assault and battery when victim died after first conviction). However, the district attorney’s office was in possession of all necessary facts when appellee plead guilty on November 14, 1990. Thus, the due diligence exception relied upon by the trial court does not apply to this case.
Commonwealth v. Caufman, 417 Pa.Super. 131, 138, 611 A.2d 1300, 1304 (1992).
The fact that the police officer specifically assigned to this case was on vacation when Ms. Smith died, does not and should not suffice to establish a “due diligence” exception. While perhaps explanatory, the absence of the investigator does not, and should not, excuse the delay. The fact remains that the District Attorney’s Office possessed all the necessary information on or about November 2,1990, and most definitely was in possession of all relevant facts on November 14, 1990, when appellee pled guilty to the summary offense. In short, the record here does not establish that the Commonwealth acted with due diligence during the twelve days between the death and the filing of the Complaint charging homicide by vehicle.
Accordingly, for all the foregoing reasons, I would find that the subsequent prosecution for homicide by vehicle should be barred under the Fifth Amendment Double Jeopardy Clause.
First, the decision cited by the majority, Commonwealth v. Allen, 506 Pa. 500, 486 A.2d 363 (1984), cert. denied, 474 U.S. 842, 106 S.Ct. 128, 88 L.Ed.2d 105 (1985), does not even address Article I, Section 10 of the Pennsylvania Constitution. The decision in Allen rests solely upon a Fifth Amendment double jeopardy analysis. Thus, it cannot be used as support for the proposition that our state constitutional double jeopardy provision provides protection equivalent to that of the United States Constitution.
More importantly, however, the rationale of Allen has been explicitly refuted by the United States Supreme Court in Dixon. In Allen, the defendant had been ordered pursuant to the Protection From Abuse Act, 23 Pa.C.S. § 6101 et seq., (hereinafter “PFA Order”) to refrain from physically abusing his wife and/or their children. Charges of simple assault and trespass were subsequently filed against the defendant as a result of his forcible entry into his wife’s home and his concomitant abuse of her. Several days later, the defendant was charged with, and found in contempt of, that PFA Order. The defendant was later charged with raping his wife during the course of his earlier assault and trespass. All three criminal charges were consolidated for trial. It was the defendant’s contention, inter alia, that double jeopardy barred these criminal charges given his previous conviction of contempt. This Court held, in relevant part, that indirect criminal contempt and simple assault were separate offenses under Blockburger because (1) the two offenses did contain the “requisite ‘separate elements’” since the “defendant could
As for the second prong of this Court’s holding in Allen, the United States Supreme Court in Dixon unequivocally stated that such a distinction “is of no moment for purposes of the Double Jeopardy Clause, the text of which looks to whether the offenses are the same, not the interests that the offenses violate.” Dixon, 509 U.S. at — - —, 113 S.Ct. at 2857-2858, 125 L.Ed.2d at 570. Clearly then the majority’s reliance upon Allen is misguided.
In addition, my review of our case law convinces me that this Court has evinced a predilection for a broader protection against double jeopardy under our state constitution than that of the United States Constitution. As this Court has repeatedly emphasized, in interpreting a provision of the Pennsylvania Constitution, we are not bound by the United States Supreme Court’s interpretation of similar federal constitution
[T]he federal constitution establishes certain minimum levels which are “equally applicable to the analogous state constitutional provision. However, each state has the power to provide broader standards, and go beyond the minimum floor which is established by the federal Constitution.
Id. at 388, 586 A.2d at 894 (citations omitted). In analyzing a provision of our state constitution, we look to (1) the text of the Pennsylvania constitutional provision; (2) the history of that provision, including Pennsylvania case-law; (3) related case-law from other jurisdictions; and (4) policy considerations.
While the text of Article I, Section 10 of the Pennsylvania Constitution
The compulsory joinder rule set forth in Campana I and II and the provisions of section 110 were designed to serve two distinct policy considerations: (1) to protect a person accused of crimes from governmental harassment of being forced to undergo successive prosecutions for offenses stemming from the same criminal episode; and (2) as a matter of judicial administration and economy, to assure finality without unduly burdening the judicial process with repetitious litigation. ‘By requiring compulsory joinder of all charges arising from ... [the same criminal episode], a defendant need only once ‘run the gauntlet’ and confront the awesome resources of the state.’
Hude, 500 Pa. at 489, 458 A.2d at 180 (citations omitted). As such, it seems clear to me that we would interpret our state constitution, and more specifically, Article I, section 10 thereof, as providing similar protections as those afforded under our statutory rules.
Given all the foregoing, it also appears clear that the jurisdictional exception to Section 110 as interpreted in Commonwealth v. Beatty, 500 Pa. 284, 455 A.2d 1194 (1983), cannot survive. In Beatty, this Court interpreted section 110(l)(ii), and more specifically the terms “and was within the jurisdiction of a single court” as excluding Motor Vehicle Code violations from the requirements of that section. Subsequently, in Commonwealth v. Taylor, 513 Pa. 547, 522 A.2d 37 (1987), this Court extended that holding to all summary offenses. According to the holding in Beatty, the compulsory joinder rule does not apply where a defendant has been convicted of a lesser offense in an inferior court which had no jurisdiction to dispose of the greater offense, and then is subsequently tried for the greater offense in the “superior” tribunal. This is true irrespective of the fact that the lesser offense could clearly have been consolidated with the greater offense and disposed of by the “superior” tribunal. While clearly addressing the language of Section 110, the Beatty Court nevertheless states that such an interpretation would not violate the principles sought to be protected by the compulsory joinder rule, section 110, or double jeopardy, again clearly recognizing the relatedness of those three principles. Beatty, 500 Pa. at 290-291, 455 A.2d at 1198. In essence, what that holding does then is provide less protection under state law to an accused than he or she is entitled to under the United States Constitution. Such clearly is not permitted. See Commonwealth v. Edmunds, supra, at 374, 586 A.2d 887.
Moreover, I do not believe that one’s constitutional protection against being twice placed in jeopardy should be so fragile as to give way to jurisdictional limits created by our legislature. Our court system, although divided into several facets,
To reiterate, I strongly believe that our jurisdictional exception of Beatty should not be employed to circumvent constitutional double jeopardy. In so concluding, I rely principally upon the United States Supreme Court decision in Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435 (1970), reh’g denied, 398 U.S. 914, 90 S.Ct. 1684, 26 L.Ed.2d 79 (1970), which I find supports this position. In Waller, the Court held that a prosecution in municipal court on a lesser included offense barred a state prosecution on a greater offense which was based on the same acts as the municipal court conviction. The Court there rejected the government’s argument that the two courts were separate sovereigns, finding instead that the two courts were each part of one unified judicial system and as such must adhere to the double jeopardy proscription.
I am especially troubled by the fact that in the instant matter, if we were to allow the subsequent prosecution, appellee’s plea to the relatively minor summary offense of unsafe speed renders her unable to offer any defense to the elements on which the Commonwealth has unequivocally indicated it would rely. Precluding the government from “stacking the deck” is clearly one of the concerns underlying the double jeopardy provision. See Green v. United States, 355 U.S. 184, 187-188, 78 S.Ct. 221, 223-24, 2 L.Ed.2d 199, 204 (1957). I think this fact, alone, renders the language in Beatty somewhat suspect. I believe actions such as those taken in the instant matter do, indeed, present a type of “government harassment” which offends double jeopardy. While I realize that such a result under the circumstances presented here appears harsh insofar as there has been no intimation that the Commonwealth purposefully waited until the plea was rendered to charge appellee with homicide by vehicle, that fact alone does not persuade me to so cavalierly dispense with
In conclusion then, I would find that the prosecution for homicide by vehicle is barred under the Blockburger test and that there is no evidence presented which would support a finding of due diligence on the part of the Commonwealth here. Further, I would find that the Pennsylvania Constitution provides greater protection against multiple prosecutions than does the United States Constitution. Finally, I would find that the jurisdictional exception of 18 Pa.C.S. § 110, as interpreted in Beatty, supra, at 284, 455 A.2d 1194, is not consistent with principles of double jeopardy under either the Fifth Amendment of the United States Constitution or Article I, Section 10 of the Pennsylvania Constitution.
For all the foregoing reasons, I respectfully dissent.
. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).
. Given the Superior Court’s conclusion that the subsequent prosecution was barred under the federal Constitution, that Court did not address either 18 Pa.C.S. § 110 or Article I, Section 10 of the Pennsylvania Constitution.
. Although the issue of whether multiple punishments violate double jeopardy principles is somewhat distinct from the issue presented here, the same test has been consistently applied to the issue of successive prosecutions. See Dixon, 509 U.S. at —, 113 S.Ct. at 2855, 125 L.Ed.2d at 567. Also, it has been held that for purposes of the Fifth Amendment Double Jeopardy clause, lesser included and greater included offenses are the "same offense." See Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977).
. I acknowledge that my research has revealed that while the precise test to be applied for purposes of federal double jeopardy is generally agreed upon by the courts, much contrariety of opinion exists as to the method of application of that test. Indeed, there are five separate opinions in Dixon each of which expresses varying theories on this issue. However, five of the Justices in Dixon did agree with the precise holding on which I have relied in this dissent. Specifically, Scalia, J. was joined by Kennedy, White, Stevens, and Souter, JJ. with respect to
. In holding that the State’s actual intention in a particular case was relevant to a determination of whether Double Jeopardy was implicated, the Court in Vitale relied upon its earlier decisions in Harris v. Oklahoma, 433 U.S. 682, 97 S.Ct. 2912, 53 L.Ed.2d 1054 (1977). In
. The Majority’s position to the contrary that unless the lesser offense is necessarily included within the statutory elements of the greater offense, the two offenses are separate and distinct for double jeopardy purposes is strikingly similar to Mr. Justice Rehnquist’s position in his concurring and dissenting opinion in Dixon. Indeed, it appears to be identical thereto. Given the fact that Mr. Justice Rehnquist’s position did not garner a majority vote in Dixon it would seem that the Majority’s position in the instant matter is somewhat suspect.
. Our homicide by vehicle statute, 75 Pa.C.S. § 3732 provides:
Any person who unintentionally causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3731 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a misdemeanor of the first degree, when the violation is the cause of death.
. 75 Pa.C.S. § 3361 of the Vehicle Code provides:
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
. I do not reach a conclusion as to whether a wholly new prosecution of appellee for homicide by vehicle, premised upon underlying Vehicle Code violations unrelated to driving at unsafe speed, would continue to raise any Double Jeopardy problems under the Fifth Amendment.
. While I acknowledge that the Superior Court in its opinion stated that Ms. Caufman had conceded that the homicide by vehicle charge was not barred under Blockburger, that concession no doubt was prompted by the then prevailing decision in Grady. In any event, the same has clearly not been conceded before this Court.
. For example, if the Commonwealth in the instant case had been unaware that the victim died at the time appellee's guilty plea- was accepted, the due diligence exception might permit a second prosecution for homicide by vehicle even though the two charges overlap. The Double Jeopardy clause is not meant to permit defendants to “take advantage” of the system by pleading guilty to "lesser included offenses” to avoid more serious ones unknown to the Commonwealth. That, however, is not the situation here, since the Commonwealth permitted the citation for unsafe speed to stand, and therefore, be subject to final judicial determination, knowing that 1) the victim had died, and 2) a homicide by vehicle prosecution was imminent.
. As for the charges of rape and criminal trespass, this Court held that the same were not barred by double jeopardy. I believe that holding is consistent with the Supreme Court's decision in Dixon.
. Article I, Section 10 of the Pennsylvania Constitution provides that ”[n]o person shall, for the same offense, be twice put in jeopardy of life or limb; ...”
. The Double Jeopardy Clause Fifth Amendment of the United States Constitution provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.”
. While I will acknowledge that this Court has stated previously that the double jeopardy clause of our state constitution was not intended to provide protection greater than that afforded under the Fifth Amendment to the United States Constitution, Commonwealth v. Hogan, 482 Pa. 333, 393 A.2d 1133 (1978), this Court has also clearly stated the opposite. For instance, Mr. Justice Flaherty writing for the majority in
. Notwithstanding the Campana I Court’s unequivocal reference to the Double Jeopardy clause of the Fifth Amendment in its decision, the Court, in Campana II, declared that its decision in Campana I was based upon state law and not federal.
. Section 110 provides:
When prosecution barred by former prosecution for different offense
Although a prosecution is for a violation of a different provision of the statutes than a former prosecution or is based on different facts, it is barred by such former prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal or in a conviction as defined in section 109 of this title (relating to when prosecution barred by former prosecution for the same offense) and the subsequent prosecution is for:
(i) any offense of which the defendant could have been convicted on the first prosecution;
(ii) any offense based on the same conduct or arising from the same criminal episode, if such offense was known to the appropriate prosecuting officer at the time of the commencement of the first trial and was within the jurisdiction of a single court unless the court ordered a separate trial of the charge of such offense; or
(iii) the same conduct, unless:
(A) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil; or
(B) the second offense was not consummated when the former trial began.
(2) The former prosecution was terminated, after the indictment was found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.
*318 (3) The former prosecution was improperly terminated, as improper termination is defined in section 109 of this title (relating to when prosecution barred by former prosecution for the same offense) and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.
. Other states have adopted similar tests with respect to the issue of successive prosecutions, some of which have adopted strictly a "same transaction” test and others which have adopted a combination of the "same transaction” test and the "same evidence” test. People v. White, 390 Mich. 245, 212 N.W.2d 222 (1973); State v. Yock, 49 Or.App. 749,
. Other courts as well have rejected a similar "jurisdictional exception” reasoning too, that a defendant's rights are paramount to jurisdictional limitations imposed within a single judicial system. See e.g., Salaz v. Tansy, 730 F.Supp. 369 (D.N.M. 1989); Commonwealth v.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellant, v. Mary M. CAUFMAN, Appellee
- Cited By
- 34 cases
- Status
- Published