Com. v. Kindler, J., Com. v. Kindler, J. No. 3339 EDA 2016

In 1983 Joseph J. Kindler was convicted of first‑degree murder, kidnapping, and conspiracy; a jury recommended death after a penalty phase.
Kindler escaped custody, delaying post‑verdict review; his convictions were affirmed and his judgment of sentence became final in 1994 after certiorari was denied.
Federal habeas proceedings later resulted in vacatur of Kindler’s death sentence and an order for a new penalty phase; the case returned to state court for resentencing in 2012.
Before the new penalty phase Kindler moved in limine to exclude victim impact evidence; the trial court granted the motion on November 16, 2015.
The Commonwealth appealed the interlocutory order, arguing the trial court erred by relying on Commonwealth v. Fisher to bar victim impact evidence at resentencing.
The Superior Court affirmed, holding that because Kindler’s original sentence was vacated and resentencing is prospective, Fisher applies and victim impact evidence is precluded for offenses committed before the 1995 statutory amendment.

Issue	Commonwealth's Argument	Kindler's Argument	Held
Whether the trial court erred by precluding victim impact evidence at Kindler’s capital resentencing	Fisher should not apply because Kindler’s judgment of sentence became final in 1994 and new rules do not benefit cases not pending on direct appeal	Fisher applies prospectively at resentencing because the original sentence was vacated; the slate is wiped clean and resentencing is not bound by the 1994 finality	Court affirmed: Fisher governs and victim impact evidence is barred for offenses committed before the 1995 amendment

Commonwealth v. Fisher, 681 A.2d 130 (Pa. 1996) (pre‑1995 § 9711(a)(2) does not permit victim impact evidence)
Commonwealth v. Abu‑Jamal, 555 A.2d 846 (Pa. 1989) (interpreting § 9711 to allow admission of “any matter the court deems relevant”)
Booth v. Maryland, 482 U.S. 496 (1987) (held victim impact evidence unconstitutional at capital sentencing)
Payne v. Tennessee, 501 U.S. 808 (1991) (overruled Booth; left admissibility of victim impact evidence to the states)
Kindler v. Horn, 642 F.3d 398 (3d Cir. 2011) (federal court vacated Kindler’s sentence and ordered a new penalty phase)
Beard v. Kindler, 558 U.S. 53 (2009) (U.S. Supreme Court vacated and remanded prior federal appellate order)
Commonwealth v. Lesko, 15 A.3d 345 (Pa. 2011) (federal habeas resentencing reopens only the aspect of the judgment disturbed by federal relief)