Com. v. Merritts, T.
Com. v. Merritts, T. No. 275 MDA 2016
| Pa. Super. Ct. | Feb 28, 2017Background
- On Aug. 21, 2014 Timothy Merritts was found at the scene of a single-vehicle crash on West Willow Terrace Road; Sergeant Stambaugh observed Merritts intoxicated, with glassy eyes, slurred speech, strong odor of alcohol, and difficulty handling documents/keys.
- Merritts admitted he had been drinking heavily at a friend’s house in Mechanicsburg, that alcohol likely contributed to the crash, and that he had not drank after the crash.
- Merritts refused field sobriety tests; hospital blood test later showed BAC 0.237%.
- After a non-jury trial the court convicted Merritts of DUI—general impairment and highest rate, and impairment with an accident.
- Merritts appealed, raising (1) that admission of his statements violated the corpus delicti rule and (2) insufficiency of evidence because the crash occurred on a private road that was not a trafficway.
- The Superior Court affirmed, concluding independent circumstantial evidence established the corpus delicti and that the private road qualified as a trafficway because it was open to public vehicular use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Merritts’ post-arrest statements under corpus delicti rule | Commonwealth: independent evidence (crashed van, signs of intoxication) established a crime occurred so statements admissible | Merritts: confession was admitted without corpus delicti proved first | Court: admission proper; circumstantial evidence (crash, intoxication) met corpus delicti and convictions sustainable |
| Sufficiency—whether road was a "trafficway" for DUI jurisdiction | Commonwealth: road, though marked private, was open to public use and served residences, qualifying as trafficway under §102 | Merritts: West Willow Terrace was a private road, not a trafficway, so Vehicle Code did not apply | Court: road was open to public vehicular travel as a matter of right/custom; evidence sufficient to convict |
Key Cases Cited
- Commonwealth v. Rivera, 828 A.2d 1094 (Pa. Super. 2003) (corpus delicti rule allows circumstantial proof that a crime occurred before admitting confession)
- Commonwealth v. Herb, 852 A.2d 356 (Pa. Super. 2004) (two-step corpus delicti process: admission by preponderance and consideration only after corpus delicti proved beyond a reasonable doubt)
- Commonwealth v. Lees, 135 A.3d 185 (Pa. Super. 2016) (private-property road used by nonresidents can be a trafficway for DUI statute)
- Commonwealth v. Zabierowsky, 730 A.2d 987 (Pa. Super. 1999) (DUI statutes apply on highways and trafficways; sufficiency review requires evidence road was a trafficway)
- Commonwealth v. Zugay, 745 A.2d 639 (Pa. Super. 2000) (identity of person responsible is not part of corpus delicti)