Commonwealth, Aplt. v. Moore, J.
103 A.3d 1240
| Pa. | 2014Background
- Appellee was charged with murder, attempted murder, PIC, and VUFA; several charges were nolle prossed, and the case proceeded to a two-phase jury trial on murder/attempted murder and PIC, followed by VUFA in the second phase.
- The jury acquitted Appellee of murder and attempted murder but convicted him of PIC and, in a separate phase, of being a person not to possess a firearm.
- Superior Court reversed the PIC conviction, holding that acquittals on related firearm offenses negated the PIC element.
- Gonzalez (self-defense leading to PIC reversal) and Magliocco (predicate-offense acquittal affecting ethnic intimidation) were central to the reversal rationale.
- Commonwealth argued inconsistent verdicts permit PIC despite acquittals; Appellee argued acquittals reflect self-defense and lack of criminal intent for PIC.
- This Court held that PIC conviction may stand notwithstanding acquittals on related use-of-firearm offenses, vacated the Superior Court order, and remanded for reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May PIC stand when related offenses using the weapon were acquitted? | Commonwealth: consistent with precedent permitting inconsistent verdicts; acquittals do not negate PIC. | Moore: Gonzalez and related lines require reversal when self-defense is proven and weapon use is excused. | PIC may stand despite acquittals; Gonzalez overruled to the extent inconsistent verdicts are allowed. |
Key Cases Cited
- Commonwealth v. Gonzalez, 515 Pa. 98, 527 A.2d 106 (Pa. 1987) (reversed PIC where homicide acquittal reflected self-defense; emphasizes inferences from acquittals)
- Commonwealth v. Magliocco, 584 Pa. 244, 883 A.2d 479 (Pa. 2005) (predicates ethnic intimidation; acquittal of predicate may bar conviction; limited by statutory context)
- Commonwealth v. Miller, 613 Pa. 584, 35 A.3d 1206 (Pa. 2012) (limits Magliocco to its statutory context; supports inconsistent verdicts generally)
- Commonwealth v. Carter, 444 Pa. 405, 282 A.2d 375 (Pa. 1971) (acquittal on one count does not negate other convictions)
- Commonwealth v. Weston, 561 Pa. 199, 749 A.2d 458 (Pa. 2000) (voluntary manslaughter conviction does not negate PIC when evidence supports intent)
- Commonwealth v. Reed, 458 Pa. 8, 326 A.2d 356 (Pa. 1974) (inconsistent verdicts allowed; appellate review focuses on sufficiency of evidence)
- Commonwealth v. Naranjo, Pa. Super. 2012 (Pa. Super. 2012) (distinguishes facts where underlying intent can be inferred from conduct other than self-defense)
- Commonwealth v. Watson, 494 Pa. 467, 431 A.2d 949 (Pa. 1981) (self-defense in PIC context; sufficiency review not based on acquittal in this scenario)
- Powell, 469 U.S. 57 (1984) (inconsistent verdicts may stand if evidence supports conviction; no requirement that verdicts be consistent)
- Dunn, 284 U.S. 390 (1932) (acquittals do not yield factual findings about the evidence)
- Commonwealth v. Carter, 282 A.2d 375 (1971) (acquittal cannot be interpreted as specific finding on the evidence)