Commonwealth v. Jemison Jr., D., Aplt.
626 Pa. 489
| Pa. | 2014Background
- Appellant Duane Jemison, Jr. was charged with unlawful possession of a firearm due to a prior enumerated offense (robbery).
- The Commonwealth sought to introduce Jemison’s 2008 robbery conviction to prove the elements of possession when the defendant offered to stipulate to a disqualifying status without naming the specific offense.
- The trial court admitted the certified robbery conviction and instructed the jury that it was evidence of the element, not propensity.
- Jemison was found guilty of the firearm-related charge and pled guilty to two additional charges; sentences were run concurrently.
- The Superior Court affirmed, and the Pennsylvania Supreme Court analyzed whether Stanley should be overruled in light of Old Chief; the court concluded Stanley remains good law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stanley should be overruled by Old Chief. | Jemison argues Old Chief controls and requires stipulation to suffice without naming specific offense. | Jemison contends Commonwealth v. Stanley remains binding precedent under Pennsylvania law. | Stanley remains the governing rule in Pennsylvania. |
| Whether Pa.R.E. 403 justification allows admission of the specific disqualifying offense when the defendant offers to stipulate. | Jemison contends stipulation should be accepted to avoid unfair prejudice from naming the offense. | Commonwealth argues to preserve proof of the enumerated offense element without stipulation. | The court upheld admission of the specific offense under Pa.R.E. 403 and declined to overrule Stanley. |
Key Cases Cited
- Commonwealth v. Stanley, 498 Pa. 326 (Pa. 1982) (prosecution may prove prior conviction to satisfy an element; stipulation not required)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (Rule 403 balancing favors admitting stipulation over detailed prior offense evidence in status cases)
- State v. Ball, 756 So.2d 275 (La. 1999) (distinguishes Old Chief based on enumerated offenses in state statute)
- Commonwealth v. Evans, 465 Pa. 12 (Pa. 1975) (general stipulation principle; admissibility of evidence to prove a crime)
- Commonwealth v. Tedford, 960 A.2d 1 (Pa. 2008) (limiting instructions and use of prior offenses evidence)
- State v. Lee, 266 Kan. 804 (Kan. 1999) (Old Chief applied to status offenses under Kansas rule)