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Commonwealth v. Galloway

Supreme Court of Pennsylvania
Mar 18, 1975
460 Pa. 309 (Pa. 1975)

Summary

In Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), the Supreme Court of Pennsylvania addressed a situation in which the defendant had escaped twice — once during the pendency of post-trial motions in the trial court and again during the pendency of an appeal to the Supreme Court of Pennsylvania.

Summary of this case from Kindler v. Horn

Opinion

Argued: November 19, 1974.

Decided: March 18, 1975.

Appeal from the Court of Common Pleas, Criminal Division, Lancaster County, No. 1390 of 1971, W. Hansel Brown, J.

Penn B. Glazier, Lancaster, for appellant.

D. Richard Eckman, Dist. Atty., Ronald L. Buckwalter, Michael H. Ranck, Mary Anne Motter, Asst. Dist. Attys., Lancaster, for appellee.

Before JONES, C. J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT


On March 30, 1972, Cornell Galloway was convicted by a jury in Lancaster County of Murder in the second degree. Motions for a new trial and in arrest of judgment were timely filed, but before the date fixed for oral argument of these motions, Galloway escaped from the Lancaster County Prison and became a fugitive from justice. On November 2, 1972, acting on a petition filed by the district attorney, the trial court entered an order dismissing Galloway's post-trial motions with prejudice on the basis of Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970).

The only reasons asserted in the motion for a new trial were: (1) the verdict is contrary to the evidence; (2) the verdict is contrary to the weight of the evidence; (3) the verdict is contrary to the law.
However, Galloway reserved the right to file "additional supplemental reasons" when the notes of the trial testimony were transcribed and available. The trial transcript was filed of record on June 13, 1972.

Galloway was later apprehended and returned to the custody of the Lancaster County authorities. On January 5, 1973, he was sentenced to imprisonment for a term of ten to twenty years on the murder conviction. On January 17, 1973, counsel for Galloway filed "Additional and Supplemental Motions for a New Trial, Nunc Pro Tunc". On the same date, the trial court entered the following order:

While designated "Additional and Supplemental Motions", these were an additional eleven specific reasons in support of the original motion for a new trial.

"And now, this 17th day of January, A.D. 1973, the within Supplemental Motions are allowed to be filed; and it appearing the defendant was a fugitive from justice at the time of the filing of the original motions, the Supplemental Motions are hereby dismissed."

The court was inaccurate factually. Galloway was in custody on the date the original motion for a new trial was filed. He fled custody at a later date.

An appeal was filed in this Court on January 23, 1973, and it was listed for hearing or oral argument on May 4th. On that date, we were informed Galloway had again escaped from custody and was once more a fugitive from justice. The district attorney filed a petition asking that the appeal be dismissed with prejudice. However, we took no action on the petition and entered an order continuing the hearing until Galloway returned to custody. On August 1, 1974, we were informed Galloway had been returned to custody so we fixed November 19th as the date for hearing the appeal. On that date, we heard oral argument on the merits, as well as on the motion to dismiss, and directed both sides to file supplemental briefs on the issue of whether the appeal should be dismissed.

The Commonwealth presses its motion to dismiss the appeal, citing Molinaro v. New Jersey, supra, for its position. However, Molinaro is inapposite. In that case, the Supreme Court of the United States dismissed an appeal before that Court on writ of error from the New Jersey state courts, because the appellant therein, who had been free on bail had failed to surrender himself to the state authorities and had consequently been classified by New Jersey as a fugitive from justice. The rationale behind dismissal of an appeal while a convicted defendant is a fugitive from justice rests upon the inherent discretion of any court to refuse to hear the claim of a litigant who, by escaping, has placed himself beyond the jurisdiction and control of the court, and hence, might not be responsive to the judgment of the court. See Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876); Ruetz v. Lash, 500 F.2d 1225 (7th Cir. 1974); United States v. Swigart, 490 F.2d 914 (10th Cir. 1973); Johnson v. Laird, 432 F.2d 77 (9th Cir. 1970).

Instantly, while Galloway was a fugitive from justice on the date his appeal was first listed for hearing before this Court, rather than then dismissing the appeal we entered an order granting a general continuance of the hearing until Galloway was apprehended. Since Galloway is no longer a fugitive from justice and is now subject to the jurisdiction of this Court, he will be responsive to any judgment this Court renders. Therefore, this Court has no basis upon which to grant a motion to dismiss the appeal at this juncture. Hence, the Commonwealth's motion to dismiss the appeal will be denied.

In order to give the trial court the first opportunity to rectify any errors that may have occurred in the trial process, and to aid in clarifying and framing the issues on appeal, we remand the record to the trial court for disposition of the post-trial motions on the merits. See Commonwealth v. Grillo, 208 Pa. Super. 444, 449 n. 1, 222 A.2d 427, 430 n. 1 (1966). Upon remand the trial court is directed to consider the issues raised in the "motions" filed January 17, 1973. By virtue of its order accepting the filing of these "motions", the court excused any failure to file them more timely.

The record is hereby remanded to the trial court for proceedings consistent herewith.

It is so ordered.

JONES, C. J., dissents.


Summaries of

Commonwealth v. Galloway

Supreme Court of Pennsylvania
Mar 18, 1975
460 Pa. 309 (Pa. 1975)

In Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), the Supreme Court of Pennsylvania addressed a situation in which the defendant had escaped twice — once during the pendency of post-trial motions in the trial court and again during the pendency of an appeal to the Supreme Court of Pennsylvania.

Summary of this case from Kindler v. Horn

In Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), as discussed in Doctor, the Pennsylvania Supreme Court reinstated supplemental post-verdict motions that had been dismissed pursuant to the fugitive forfeiture rule.

Summary of this case from Kindler v. Horn

In Galloway, the defendant escaped from custody during the pendency of his direct appeal to the Pennsylvania Supreme Court.

Summary of this case from Lines v. Larkin

In Galloway, this Court maintained that it was within the discretion of the court to dismiss a fugitive's appeal and refuse to hear the claims of one who placed themselves beyond the jurisdiction and control of the court.

Summary of this case from In Interest of J.J

supporting citations omitted

Summary of this case from Com. v. Cotton

supporting citations omitted

Summary of this case from Com. v. Cotton

supporting citations omitted

Summary of this case from In Interest of C.G

In Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), our Supreme Court held that there is no basis to dismiss an appeal by a defendant who escapes during an appeal but returns to the court's jurisdiction before a decision is rendered.

Summary of this case from Com. v. Lines

In Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), our Supreme Court permitted an appeal by a criminal defendant who had been a fugitive, but was later recaptured.

Summary of this case from Com. v. Jones
Case details for

Commonwealth v. Galloway

Case Details

Full title:COMMONWEALTH of Pennsylvania, Appellee, v. Cornell GALLOWAY, Appellant

Court:Supreme Court of Pennsylvania

Date published: Mar 18, 1975

Citations

460 Pa. 309 (Pa. 1975)
333 A.2d 741

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In Interest of J.J

We granted the Appellant's petition for allowance of appeal to address his claim that the Superior Court…

Lines v. Larkin

96 F.3d at 685-86. The court looked to Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), and…