Commonwealth v. Thompson
106 A.3d 742
| Pa. Super. Ct. | 2014Background
- Appellant Maurquis Thompson was tried by jury for a December 2011 hit‑and‑run in which his vehicle, while fleeing a police stop and allegedly under the influence of marijuana, ran a red light and struck two boys; both later died.
- Jury convicted Thompson of two counts of third‑degree murder and multiple vehicle/DUI and related offenses; the trial court sentenced him to an aggregate of life imprisonment plus 36–72 months.
- The Commonwealth had given notice it would seek a mandatory life sentence under 42 Pa.C.S. § 9715 based on a second third‑degree murder conviction.
- Post‑trial challenges included a Batson claim to a peremptory strike, a motion for mistrial after testimony implying Thompson was incarcerated when a recorded call was obtained, a discovery complaint over text‑message evidence, sufficiency and weight challenges to the murder convictions, and constitutional and excessiveness challenges to the Section 9715 life sentence.
- The Superior Court affirmed all rulings on the merits (Batson not reviewable for lack of full record; mistrial and evidence/admissibility rulings upheld; sufficiency and weight challenges rejected) but vacated the judgment and remanded solely to correct a clerical error so that non‑life sentences run concurrent to the life term as the trial court had stated on the record.
Issues
| Issue | Thompson's Argument | Commonwealth/Trial Court Argument | Held |
|---|---|---|---|
| Batson peremptory strike of an African‑American venireperson | Strike was pretextual and racially motivated | Commonwealth gave race‑neutral reason (employment as drug/alcohol caseworker); record incomplete | Claim not reviewable on appeal because Thompson failed to make the ‘full and complete’ Batson record; alternately meritless if assumed prima facie |
| Motion for mistrial after witness mentioned George W. Hill Correctional Facility (implying incarceration) | Reference prejudicially suggested other crimes/incarceration; mistrial required | Statement was inadvertent, not elicited by prosecution; trial court offered curative instruction (defense declined) | Denial of mistrial not an abuse of discretion; no definitive prejudice shown |
| Late disclosure/admission of text messages from Thompson’s phone | Failure to disclose deprived Thompson of fair trial; requires new trial | Commonwealth and prior counsel had disclosed disks; trial court credited disclosure occurred | No abuse of discretion; evidence admissible and defendant did not preserve a successful disclosure objection |
| Sufficiency/weight of evidence for two third‑degree murder convictions | Conduct was gross negligence or vehicular homicide (no malice); medical examiners called deaths accidental | Evidence showed driving at high speed while intoxicated, running red light, striking and propelling victims, and fleeing—supports malice inquiry | Convictions supported: evidence sufficient for malice; weight claim rejected (jury credibility determinations respected) |
| Legality of mandatory life under 42 Pa.C.S. § 9715 for second third‑degree murder (same incident) | Life sentence absurd/disproportionate when both murders arise from single accident | Statute’s plain language and precedent (Morris) permit life when two convictions exist at sentencing; sentencing court has no discretion under §9715 | Statute applicable; sentence lawful under controlling precedent |
| Eighth Amendment / excessive sentence challenge to § 9715 life term | Mandatory life for second third‑degree murder is grossly disproportionate to conduct | Legislature’s penological judgment and the statutory text support sentence; first‑prong proportionality not met | As‑applied Eighth Amendment challenge rejected; sentence not grossly disproportionate |
| Challenge to consecutive sentences (sentencing form error) | Consecutive runs produced excessive aggregate beyond court’s stated intent | Trial court stated on the record all non‑life terms were to run concurrent with life; written judgment conflicted | Judgment vacated and remanded to correct clerical error to reflect concurrent sentences as stated orally |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibits racial exclusion in peremptory challenges)
- Commonwealth v. Morris, 958 A.2d 569 (Pa. Super. 2008) (§ 9715 life sentence applicable where defendant has multiple murder convictions at time of sentencing)
- Commonwealth v. Smith, 710 A.2d 1179 (Pa. Super. 1998) (earlier panel held § 9715 did not apply to convictions entered at same trial; later overruled by Morris)
- Commonwealth v. Dunphy, 20 A.3d 1215 (Pa. Super. 2011) (malice for third‑degree murder may be inferred from reckless conduct like intoxicated high‑speed driving and flight)
- Commonwealth v. Pigg, 571 A.2d 438 (Pa. Super. 1990) (motor‑vehicle deaths can support murder convictions in extreme cases)
- Solem v. Helm, 463 U.S. 277 (proportionality framework for Eighth Amendment review)
- Commonwealth v. Spells, 612 A.2d 458 (Pa. Super. 1992) (adopted multi‑prong proportionality test under Solem/Harmelin)