Commonwealth v. Durham
9 A.3d 641
| Pa. Super. Ct. | 2010Background
- Appellant George M. Durham was convicted of first-degree murder and sentenced to life imprisonment without parole.
- Durham moved pro se for return of property seized in connection with the murder investigation.
- The trial court denied the motion as a waste of resources for de minimis items, prior to remand.
- On appeal, the Superior Court remanded with directions to hold an evidentiary hearing if necessary and to file an answer to the motion.
- Following remand, the court ordered return of several items (IDs, cards, cash, some jewelry, and family photos) that had no evidentiary value, but kept other items as derivative contraband.
- The hearing established a nexus between certain clothing, dumpster-found items, and the murder, rendering those items not returnable; the vehicle was subject to towing/storage costs for release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the property was derivative contraband linking to the crime | Durham argues items lack nexus to crime | Commonwealth contends items have nexus to the murder | Yes, items are derivative contraband; not returnable |
| Whether due process was violated by the seizure absent nexus to crime | Rights violated by seizure with little nexus | Property seized with proper warrants; nexus exists | No due process violation; nexus supports seizure |
| Whether Durham must pay towing/storage fees to recover his vehicle | Durham not responsible for storage costs | Defendant liable for costs incurred as evidence in the murder investigation | Yes, Durham must pay towing/storage to recover vehicle |
Key Cases Cited
- Commonwealth v. Crespo, 884 A.2d 960 (Pa.Cmwlth.2005) (derivative contraband requires nexus to criminal activity)
- Commonwealth v. Howard, 713 A.2d 89 (Pa.1998) (specific nexus required between property and crime)
- Petition of Koenig, 663 A.2d 725 (Pa.Cmwlth.1995) (burden-shifting framework for return of property)
- Singleton v. Johnson, 929 A.2d 1224 (Pa.Cmwlth.2007) (en banc; nexus requirement for derivative contraband)
- Ebersole, 986 A.2d 876 (Pa.Super.2009) (adopts nexus-based approach to return of property)
- Commonwealth v. Younge, 667 A.2d 739 (Pa.Super.1995) (standard of review for return of property)
- Commonwealth v. 2001 Toyota Camry, 894 A.2d 207 (Pa.Cmwlth.2006) (nexus requirement and burden shifting in property cases)
- Maglisco, 491 A.2d 1381 (Pa.Super.1985) (guilt-by-association concerns in derivative contraband)
- Bollinger, 418 A.2d 320 (Pa.Super.1979) (prosecution costs as part of costs to recover property)