Commonwealth v. Johnson, M., Aplt.
160 A.3d 127
| Pa. | 2017Background
- On Nov. 25, 2013, Marcel Johnson was at Ebony Talley’s apartment; a fire was discovered minutes after Talley and her four-year-old daughter R.R. were killed (Talley also pregnant). Johnson fled in Talley’s car and was later stopped in that vehicle; empty heroin packaging stamped "#1 way to go" linked car, apartment, and packets recovered from a laundry room at Johnson’s direction.
- Talley had multiple stab wounds and asphyxia from a plastic bag; R.R. was stabbed and died; Talley’s DNA was under Johnson’s fingernails; Johnson had fresh cuts and changed clothing.
- Johnson gave statements to police (after waiving Miranda) that were inconsistent before admitting taking the car and other items; while jailed he admitted the killings to an inmate and directed his brother to retrieve hidden heroin.
- Jury convicted Johnson of first‑degree murder for Talley and R.R., third‑degree murder for the unborn child, arson, and related offenses; jury sentenced Johnson to death for R.R.’s murder and life for Talley’s murder.
- On direct appeal, Johnson raised sufficiency, suppression of his statement and DNA samples, admissibility of prior‑bad‑acts/drug evidence and brother’s testimony, limits on mitigation evidence, jury instructions/verdict slip, challenge to prosecutorial use of death penalty, and constitutionality of certain statutory aggravators.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Validity of Miranda waiver | Waiver valid because circumstances (timing, Johnson’s knowledge of fire/deaths, possession of victim’s car) made purpose of questioning evident | Waiver invalid because police did not inform him interrogation related to murders; he reasonably thought stop concerned outstanding summary warrants | Waiver upheld: record shows Johnson knew the police were investigating the fire/murders so waiver was knowing and voluntary |
| Probable cause for DNA/fingernail warrant (night warrant) | Affidavit set forth totality (presence at scene, flight in victim’s car, changed plates, cuts, inconsistent statements) supporting fair probability relevant biological evidence on his person; custody justified nighttime sampling | Affidavit insufficient; presence/flight alone inadequate; nighttime warrant improper | Warrant and nighttime exception upheld: totality supported probable cause; custody and transient nature of trace evidence justified nighttime collection |
| Admissibility of drug‑related prior acts and brother’s statements (Rule 404(b)) | Evidence admissible as directly relevant to robbery theory and essential to prove that Johnson knew Talley’s heroin, stole it, and committed murders during robbery; brother’s statements relevant for motive/intent | Evidence was improper prior‑bad‑acts/propensity evidence; no close nexus proving timing or theft; brother’s statement inadmissible prior bad‑act testimony | Admission upheld though on grounds other than trial court’s 404(b) rationale: evidence was intrinsic/necessary to prove the charged robbery‑in‑furtherance theory; brother’s testimony admissible as relevant non‑404(b) evidence |
| Exclusion/limitation of multi‑generational mitigation evidence (§9711(e)(8)) | (Commonwealth) Trial court properly limited evidence to matters that affected Johnson or of which he had knowledge; broad family history beyond his awareness not reasonably relevant | Exclusion violated Eighth Amendment — jury prevented from considering relevant, multi‑generational trauma per ABA mitigation guidance | No constitutional error: trial court acted within discretion; excluded family history was not shown to be sufficiently probative of Johnson’s character/record or circumstances of offense, and jury was properly instructed on §9711(e)(8) without requiring enumeration of each sub‑theory |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (police must give warnings and obtain a voluntary waiver before custodial interrogation)
- Commonwealth v. Dixon, 379 A.2d 553 (Pa. 1977) (waiver invalid where suspect reasonably believed arrest related to unrelated warrants and officers failed to dispel ambiguity)
- Commonwealth v. Stanley, 446 A.2d 583 (Pa. 1982) (evidence of another crime may be admissible where proof of charged offense requires proof of separate crime)
- Commonwealth v. Fletcher, 861 A.2d 898 (Pa. 2004) (multiple‑murder aggravator narrows death‑penalty class and justifies harsher sentence)
- Commonwealth v. Bardo, 709 A.2d 871 (Pa. 1998) (statutory aggravator for victim under twelve years is clear and constitutional)
- Commonwealth v. Mattison, 82 A.3d 386 (Pa. 2013) (trial court not required to enumerate each distinct non‑statutory mitigating theory in jury charge or verdict slip)