Commonwealth, Aplt. v. Kindler, J.
147 A.3d 890
| Pa. | 2016Background
- Joseph J. Kindler was convicted of 1983 first-degree murder and originally sentenced to death; that sentence was later vacated by federal habeas proceedings and the state was ordered to either re-sentence to life or conduct a new penalty-phase hearing.
- After federal proceedings and remands (including decisions by the Eastern District of Pennsylvania, the Third Circuit, and the U.S. Supreme Court), the Commonwealth elected to pursue a new sentencing hearing.
- Kindler moved in limine to preclude the Commonwealth from offering victim-impact evidence at the new penalty-phase, arguing Pennsylvania’s 1995 amendment permitting such evidence does not apply retroactively to crimes committed before the amendment.
- The trial court granted Kindler’s motion and barred victim-impact evidence; the Commonwealth filed an interlocutory appeal to the Pennsylvania Supreme Court.
- The sole question resolved by the Supreme Court was jurisdiction: whether it could exercise direct appellate review of the interlocutory order (the court did not address the merits of the evidentiary ruling).
Issues
| Issue | Commonwealth's Argument | Kindler's Argument | Held |
|---|---|---|---|
| Whether the PA Supreme Court has jurisdiction to hear the Commonwealth's interlocutory appeal precluding victim-impact evidence | The interlocutory order is appealable as of right (citing Rule 311(d)) and Section 722 supports Supreme Court review | No jurisdiction: Kindler is not currently under a death sentence, so Supreme Court’s exclusive jurisdiction over death-penalty appeals (42 Pa.C.S. § 722/§ 9711(h)) is not triggered; Superior Court must decide | Court held it lacks jurisdiction and transferred the appeal to the Superior Court |
| Whether the trial court erred in excluding victim-impact evidence at re-sentencing | The Commonwealth contends the trial court erred and may appeal the admissibility ruling | Kindler argues 1995 statutory amendment allowing victim-impact evidence is not retroactive to offenses committed in 1982, so exclusion was proper | Not reached — merits were not decided due to lack of jurisdiction |
Key Cases Cited
- Commonwealth v. Kindler, 639 A.2d 1 (Pa. 1994) (state-court direct appeal of Kindler’s original conviction and sentence)
- Kindler v. Horn, 291 F. Supp. 2d 323 (E.D. Pa. 2003) (federal district court granting habeas relief as to sentencing)
- Kindler v. Horn, 542 F.3d 70 (3d Cir. 2008) (Third Circuit decision affirming portions of district court’s relief)
- Beard v. Kindler, 558 U.S. 53 (2009) (U.S. Supreme Court vacating and remanding Third Circuit judgment for further proceedings)
- Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008) (discussing that 1995 amendment permitting victim-impact evidence applies only to offenses after its effective date)
- Commonwealth v. Bryant, 780 A.2d 646 (Pa. 2001) (addressing Supreme Court jurisdiction in certain death-penalty/PCRA contexts)
- Commonwealth v. Cooper, 941 A.2d 655 (Pa. 2007) (illustrative of jurisdictional treatment when a death sentence is vacated in collateral proceedings)