From Casetext: Smarter Legal Research

Smalis v. Pennsylvania

U.S.
May 5, 1986
476 U.S. 140 (1986)

Summary

holding that a trial judge's grant of a demurrer, based on insufficiency of the evidence to establish factual guilt, constituted a nonappealable acquittal under the Double Jeopardy Clause

Summary of this case from U.S.A. v. Dionisio

Opinion

CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA

No. 85-227.

Argued April 2, 1986 Decided May 5, 1986

Petitioners, husband and wife, who owned a building housing a restaurant and apartments, were charged with various crimes in connection with a fire in the building that resulted in the killing of two tenants. At the close of the prosecution's case in chief at their bench trial in a Pennsylvania state court, petitioners challenged the sufficiency of the evidence by filling a demurrer pursuant to a Pennsylvania Rule of Criminal Procedure. The trial court sustained the demurrer, and the Pennsylvania Superior Court quashed the Commonwealth's appeal on the ground that it was barred by the Double Jeopardy Clause. The Pennsylvania Supreme Court reversed, holding that the granting of a demurrer is not the functional equivalent of an acquittal and that, for purposes of considering a plea of double jeopardy, a defendant who demurs at the close of the prosecution's case in chief "elects to seek dismissal on grounds unrelated to his factual guilt or innocence."

Held: The trial judge's granting of petitioners' demurrer was an acquittal under the Double Jeopardy Clause, and the Commonwealth's appeal was barred because reversal would have led to further trial proceedings. Whether the trial is to a jury or, as here, to the bench, subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates the Double Jeopardy Clause. Pp. 144-146.

507 Pa. 344, 490 A.2d 394, reversed.

WHITE, J., delivered the opinion for a unanimous Court.

Norma Chase argued the cause for petitioners. With her on the briefs was Thomas A. Livingston.

Robert L. Eberhardt argued the cause and filed a brief for respondent.

Deputy Solicitor General Frey argued the cause for the United States as amicus curiae urging affirmance. With him on the brief was Solicitor General Fried, Assistant Attorney General Trott, and Alan I. Horowitz.

Charles S. Sims filed a brief for the American Civil Liberties Union et al as amici curiae urging reversal.


At the close of the prosecution's case in chief, the trial court dismissed certain charges against petitioners on the ground that the evidence presented was legally insufficient to support a conviction. The question presented is whether the Double Jeopardy Clause bars the prosecution from appealing this ruling.

I

Petitioners, husband and wife, owned a building housing a restaurant and some apartments that burned under suspicious circumstances, killing two of the tenants. Petitioners were charged with various crimes in connection with this fire, including criminal homicide, reckless endangerment, and causing a catastrophe. They opted for a bench trial, and at the close of the prosecution's case in chief challenged the sufficiency of the evidence by filing a demurrer pursuant to Pennsylvania Rule of Criminal Procedure 1124(a)(1). The trial court sustained petitioners' demurrer to charges of murder, voluntary manslaughter, and causing a catastrophe, stating:

Various misdemeanor charges were also filed against petitioners, as well as charges relating to a previous fire in another building that they owned. These other charges are not relevant to this petition.

Pennsylvania Rule of Criminal Procedure 1124, 42 Pa. Cons. Stat. (1985 Pamphlet), provides in relevant part:
"Challenges to Sufficiency of Evidence
"(a) A defendant may challenge the sufficiency of the evidence to sustain a conviction of one or more of the offenses charged by a:
"(1) demurrer to the evidence presented by the Commonwealth at the close of the Commonwealth's case-in-chief;
. . . . .
"(b) A demurrer to the evidence shall not constitute an admission of any facts or inferences except for the purpose of deciding the demurrer. If the demurrer is not sustained, the defendant may present evidence and the case shall proceed."

"As the trier of fact and law, the court was not satisfied, after considering all of the facts together with all reasonable inferences which the Commonwealth's evidence tended to prove, that there was sufficient evidence from which it could be concluded that either of the defendants was guilty beyond a reasonable doubt of setting or causing to be set the fire in question." App. to Pet. for Cert. 101a-102a.

The Commonwealth sought review of this ruling in the Superior Court of Pennsylvania, but a panel of that court quashed the appeal, holding it barred by the Double Jeopardy Clause. The Superior Court granted review en banc and affirmed. 331 Pa. Super. 307, 480 A.2d 1046 (1984). Citing a number of our decisions as controlling authority, the court set out two relevant principles of law. First, a judgment that the evidence is legally insufficient to sustain a guilty verdict constitutes an acquittal for purposes of the Double Jeopardy Clause. See, e. g., United States v. Martin Linen Supply Co., 430 U.S. 564 (1977); Burks v. United States, 437 U.S. 1 (1978); Sanabria v. United States, 437 U.S. 54 (1978); United States v. Scott, 437 U.S. 82, 91 (1978) (dicta); Hudson v. Louisiana, 450 U.S. 40 (1981). Second, when a trial court enters such a judgment, the Double Jeopardy Clause bars an appeal by the prosecution not only when it might result in a second trial, but also if reversal would translate into further proceedings devoted to the resolution of factual issues going to the elements of the offense charged. The Superior Court concluded that because reversal of the trial court's granting of petitioners' demurrer would necessitate further trial proceedings, the Commonwealth's appeal was improper under Martin Linen.

The Commonwealth appealed to the Supreme Court of Pennsylvania, which reversed. Commonwealth v. Zoller, 507 Pa. 344, 490 A.2d 394 (1985). The court relied heavily on the statement in United States v. Scott, supra, that a trial judge's ruling in a defendant's favor constitutes an acquittal "only when `the ruling of the judge, whatever its label, actually represents a resolution [in the defendant's favor], correct or not, of some or all of the factual elements of the offense charged.'" Id., at 97 (quoting Martin Linen, supra, at 571). The court gave the following explanation of why the trial court's ruling on petitioners' demurrer is not within this definition of an acquittal:

Before the Pennsylvania Supreme Court, petitioners' case was consolidated with another case presenting the same double jeopardy issue, Commonwealth v. Zoller, 318 Pa. Super. 402, 465 A.2d 16 (1983).

"In deciding whether to grant a demurrer, the court does not determine whether or not the defendant is guilty on such evidence, but determines whether the evidence, if credited by the jury, is legally sufficient to warrant the conclusion that the defendant is guilty beyond a reasonable doubt. . . .

"Hence, by definition, a demurrer is not a factual determination. . . . [T]he question before the trial judge in ruling on a demurrer remains purely one of law.

"We conclude, therefore, that a demurrer is not the functional equivalent of an acquittal, and that the Commonwealth has the right to appeal from an order sustaining defendant's demurrer to its case-in-chief. In such a situation, the defendant himself elects to seek dismissal on grounds unrelated to his factual guilt or innocence." Commonwealth v. Zoller, supra, at 357-358, 490 A.2d, at 401.

Accordingly, the Pennsylvania Supreme Court remanded the case to the Superior Court for a determination on the merits of the appeal. We granted certiorari, 474 U.S. 944 (1985), and now reverse.

For purposes of our jurisdiction, the judgment of the Pennsylvania Supreme Court was final and subject to review at this time under 28 U.S.C. § 1257(3). Harris v. Washington, 404 U.S. 55 (1971). As explained in Abney v. United States, 431 U.S. 651 (1977):
"[T]he guarantee against double jeopardy assures an individual that, among other things, he will not be forced, with certain exceptions, to endure the personal strain, public embarrassment, and expense of a criminal trial more than once for the same offense. . . . Obviously, these aspects of the guarantee's protections would be lost if the accused were forced to `run the gauntlet' a second time before an appeal could be taken; even if the accused is acquitted, or, if convicted, has his conviction ultimately reversed on double jeopardy grounds, he has still been forced to endure a trial that the Double Jeopardy Clause was designed to prohibit." Id., at 661-662 (footnote omitted).

II

The Pennsylvania Supreme Court erred in holding that, for purposes of considering a plea of double jeopardy, a defendant who demurs at the close of the prosecution's case in chief "elects to seek dismissal on grounds unrelated to his factual guilt or innocence." Commonwealth v. Zoller, supra, at 358, 490 A.2d, at 401. What the demurring defendant seeks is a ruling that as a matter of law the State's evidence is insufficient to establish his factual guilt. Our past decisions, which we are not inclined to reconsider at this time, hold that such a ruling is an acquittal under the Double Jeopardy Clause. See, e. g., United States v. Martin Linen Supply Co., supra; Sanabria v. United States, supra. United States v. Scott does not overturn these precedents; indeed, it plainly indicates that the category of acquittals includes "judgment[s] . . . by the court that the evidence is insufficient to convict." 437 U.S., at 91.

We of course accept the Pennsylvania Supreme Court's definition of what the trial judge must consider in ruling on a defendant's demurrer. But just as "the trial judge's characterization of his own action cannot control the classification of the action [under the Double Jeopardy Clause]," United States v. Scott, 437 U.S. 82, 96 (1978) (citation omitted), so too the Pennsylvania Supreme Court's characterization, as a matter of double jeopardy law, of an order granting a demurrer is not binding on us.

See also Burks v. United States, 437 U.S. 1 (1978), where a Court of Appeals' reversal of the defendant's conviction on the ground that the evidence was insufficient to sustain the jury verdict "unquestionably . . . `represente[d] a resolution, correct or not, of some or all of the factual elements of the offense charged.'" Id. at 10 (quoting Martin Linen, 430 U.S., at 571).

The status of the trial court's judgment as an acquittal is not affected by the Commonwealth's allegation that the court "erred in deciding what degree of recklessness was . . . required to be shown under Pennsylvania's definition of [third-degree] murder." Tr. of Oral Arg. 24. "[T]he fact that `the acquittal may result from erroneous evidentiary rulings or erroneous interpretations of governing legal principles' . . . affects the accuracy of that determination but it does not alter its essential character." United States v. Scott, 437 U.S., at 98 (quoting id., at 106 (BRENNAN, J., dissenting)). Accord, Sanabria v. United States, 437 U.S. 54 (1978); Arizona v. Rumsey, 467 U.S. 203 (1984).

The Commonwealth argues that its appeal is nonetheless permissible under Justices of Boston Municipal Court v. Lydon, 466 U.S. 294 (1984), because resumption of petitioners' bench trial following a reversal on appeal would simply constitute "continuing jeopardy." Brief for Respondent 87-88. But Lydon teaches that "[a]cquittals, unlike convictions, terminate the initial jeopardy." 466 U.S., at 308. Thus, whether the trial is to a jury or to the bench, subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates the Double Jeopardy Clause. Arizona v. Rumsey, 467 U.S. 203, 211-212 (1984).

In Rumsey, a trial judge sitting as a sentencer in a death-penalty proceeding entered an "acquittal," i. e., a life sentence, based on an erroneous construction of the law governing a particular aggravating circumstance. The Court held that the Double Jeopardy Clause barred a second sentencing hearing. It distinguished United States v. Wilson, 420 U.S. 332 (1975), which holds that the prosecution may appeal when the trial court enters judgment n.o.v. following a jury verdict of guilty. Rumsey explains that "[n]o double jeopardy problem was presented in Wilson because the appellate court, upon reviewing asserted legal errors of the trial judge, could simply order the jury's guilty verdict reinstated; no new factfinding would be necessary, and the defendant therefore would not be twice placed in jeopardy." 467 U.S., at 211-212.

When a successful postacquittal appeal by the prosecution would lead to proceedings that violate the Double Jeopardy Clause, the appeal itself has no proper purpose. Allowing such an appeal would frustrate the interest of the accused in having an end to the proceedings against him. The Superior Court was correct, therefore, in holding that the Double Jeopardy Clause bars a postacquittal appeal by the prosecution not only when it might result in a second trial, but also if reversal would translate into "`further proceedings of some sort, devoted to the resolution of factual issues going to the elements of the offense charged.'" Martin Linen, 430 U.S., at 570.

The fact that the "further proceedings" standard which the Superior Court quoted from Martin Linen was first articulated in United States v. Jenkins, 420 U.S. 358, 370 (1975), does not detract from its authority. United States v. Scott, supra, overrules Jenkins only insofar as Jenkins bars an appeal by the government when a defendant successfully moves for dismissal on a ground "unrelated to factual guilt or innocence. . . ." Scott, supra, at 99. The issue before us in Scott was what constitutes an acquittal under the Double Jeopardy Clause; the question of the circumstances under which an acquittal is appealable was not presented.

We hold, therefore, that the trial judge's granting of petitioners' demurrer was an acquittal under the Double Jeopardy Clause, and that the Commonwealth's appeal was barred because reversal would have led to further trial proceedings.

The judgment of the Pennsylvania Supreme Court is

Reversed.


Summaries of

Smalis v. Pennsylvania

U.S.
May 5, 1986
476 U.S. 140 (1986)

holding that a trial judge's grant of a demurrer, based on insufficiency of the evidence to establish factual guilt, constituted a nonappealable acquittal under the Double Jeopardy Clause

Summary of this case from U.S.A. v. Dionisio

holding that grant of demurrer was actually an acquittal

Summary of this case from U.S. ex Rel. Rivera v. Sheriff of Cook County

holding that, at a bench trial, the trial court's grant of a demurrer of acquittal at the close of the Commonwealth's case-in-chief, based upon the insufficiency of the evidence presented, was final and not subject to appeal, as reversal could result in further proceedings "devoted to the resolution of factual issues going to the elements of the offense charged"

Summary of this case from Commonwealth v. Safka

holding that, at a bench trial, the trial court's grant of a demurrer of acquittal at the close of the Commonwealth's case-in-chief, based upon the insufficiency of the evidence presented, was final and not subject to appeal, as reversal could result in further proceedings “devoted to the resolution of factual issues going to the elements of the offense charged”

Summary of this case from Commonwealth v. Safka

holding that trial court's granting of defendant's motion for demurrer constituted an acquittal for double jeopardy purposes because it was based on insufficiency of the evidence

Summary of this case from Giddins v. State

holding that, whether the trial is to a jury or to the bench, a judgment by the trial court that the evidence is insufficient to convict constitutes an acquittal

Summary of this case from State v. Jackson

finding that jeopardy attaches by virtue of the pre-verdict acquittal, barring any future consideration

Summary of this case from Smalls v. Government of the Virgin Islands

concluding "a demurrer is not the functional equivalent of an acquittal" and therefore double jeopardy is no bar to an appeal

Summary of this case from U.S. v. Miles

ruling on insufficiency of evidence is an acquittal under the Double Jeopardy Clause because it resolves some or all of the factual elements of the offense charged

Summary of this case from Jackson v. State

sustaining a demurrer on grounds of insufficient evidence was the equivalent of an acquittal, barring appeal by prosecution

Summary of this case from United States v. Miller

In Smalis, the Court held that the Double Jeopardy Clause bars appellate review of a trial court's grant of a motion to acquit, because reversal would lead to a remand for further trial proceedings.

Summary of this case from Smith v. Massachusetts

In Smalis and Martin Linen, unlike in the present case, the trial courts not only rendered statements of clarity and finality but also entered formal orders from which appeals were taken. 476 U.S., at 142; 430 U.S., at 566.

Summary of this case from Price v. Vincent

In Smalis, the defendants filed a demurrer pursuant to Pennsylvania Rule of Criminal Procedure 1124(a)(1), which, like Rule 29(a), permits a defendant to "challenge the sufficiency of the evidence to sustain a conviction... at the close of the [prosecution's] case-in-chief."

Summary of this case from U.S. v. Ogles

In Smalis, the trial court, in a bench trial, granted the defendant's demurrer at the close of the prosecution's case on the ground that the prosecution failed to present sufficient evidence to meet its burden of persuasion.

Summary of this case from Stow v. Murashige

agreeing with ruling below that "the Double Jeopardy Clause bars a postacquittal appeal by the prosecution not only when it might result in a second trial, but if reversal would translate into further proceedings of some sort, devoted to the resolution of factual issues going to the elements of the offense charged."

Summary of this case from U.S. v. Hunt

In Smalis v. Pennsylvania, 476 U.S. 140, 106 S.Ct. 1745, 90 L.Ed.2d 116 (1986), the Supreme Court held that the trial court's granting of defendant's demurrer, Pennsylvania Rule of Criminal Procedure 1124, 42 Pa.Cons.Stat. (1985 Pamphlet), challenging the sufficiency of the evidence, was a factual determination and therefore, an acquittal.

Summary of this case from U.S. v. Kennings

In Smalis, a Pennsylvania trial court sustained a criminal defendant's demurrer at the close of the prosecution's case-in-chief.

Summary of this case from Melonzi v. Hubbard

noting that "acquittals, unlike convictions, terminate the initial jeopardy"

Summary of this case from Harrison v. Eighth Judicial District Court of State

In Smalis v. Pennsylvania, 476 U.S. 140, 106 S.Ct. 1745, 90 L.Ed.2d 116 (1986), at the close of the prosecution's case, the trial court dismissed the charges on the grounds that the evidence presented was legally insufficient to support a conviction.

Summary of this case from Deeds v. State

In Smalis, the Supreme Court concluded that such a dismissal is an adjudication of the facts in the defendant's favor and therefore an acquittal which terminated jeopardy (compare, Richardson v United States, 468 U.S. 317 [hung jury does not terminate jeopardy]).

Summary of this case from Matter of Lionel F

In Smalis, a husband and wife, who owned a building housing a restaurant and apartment, were charged with various crimes in connection with a fire in the building.

Summary of this case from Lowe v. State

In Smalis a husband and wife who owned a building were prosecuted for various crimes in connection with a fire that burned the building and killed two tenants.

Summary of this case from Wright v. State

In Smalis, a unanimous United States Supreme Court firmly reiterated that "the category of acquittals includes `judgment[s]... by the court that the evidence is insufficient to convict.'"

Summary of this case from Com. v. Micklos

In Smalis v Pennsylvania, 476 U.S. 140; 106 S Ct 1745; 90 L Ed 2d 116 (1986), the Supreme Court reiterated that a trial court's determination that the evidence is insufficient to convict is an acquittal under the Double Jeopardy Clause and that the Double Jeopardy Clause bars subjecting a defendant to post-acquittal fact-finding proceedings going to the guilt or innocence regarding such a charge.

Summary of this case from People v. Vincent

In Smalis v. Pennsylvania, 476 U.S. 140, 106 S.Ct. 1745, 90 L.Ed.2d 116 (1986), the Supreme Court settled the issue of whether a determination that the state failed to present sufficient evidence for a consideration of guilt is an "acquittal" under the Double Jeopardy Clause. The trial court sustained a demurrer filed at the conclusion of the state's case based on the insufficiency of the evidence.

Summary of this case from State v. Millanes
Case details for

Smalis v. Pennsylvania

Case Details

Full title:SMALIS ET AL. v . PENNSYLVANIA

Court:U.S.

Date published: May 5, 1986

Citations

476 U.S. 140 (1986)

Citing Cases

People v. Evans

Id., quoting Rumsey, 467 U.S. at 211, 104 S.Ct. 2305. 29. Szalma, 487 Mich. at 719 n. 21, 790 N.W.2d 662,…

Smith v. Massachusetts

Held: 1. Submitting the firearm count to the jury plainly subjected petitioner to further "factfinding…