Commonwealth, Aplt. v. Moore, J. ( 2014 )

[J-14-2014][M.O. – Todd, J.]
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 27 EAP 2013
:
Appellant :
: Appeal from the Judgment of Superior
v. : Court entered on 7/12/12 at No. 2032
: EDA 2010 reversing and remanding the
JAMES R. MOORE, : judgment of sentence entered on
: 3/16/10 in the Court of Common Pleas,
Appellee : Criminal Division of Philadelphia County
: at Nos. CP-51-CR-0009849-2008, MC-
: 51-CR-0019450-2008, MC-51-CR-
: 0019451-2008 and MC-51-CR-
: 0019452-2008
:
:
: ARGUED: March 12, 2014
CONCURRING OPINION
MR. JUSTICE SAYLOR DECIDED: October 30, 2014
I have been sympathetic with the Superior Court’s efforts to implement the
approach delineated by a majority of the Court in Commonwealth v. Magliocco, 584 Pa.
244, 883 A.2d 479 (2005), as I have differences with this Court’s continuing assertion
that the rationale of Magliocco is self-limiting. Accord Commonwealth v. Miller, 613 Pa.
584, 597, 35 A.3d 1206, 1214 (2012) (Saylor, J., concurring); Magliocco, 584 Pa. at
268-69, 883 A.2d at 494 (Saylor, J., concurring and dissenting). Nevertheless, in the
time frame in which this case was decided by the intermediate court, i.e., after Miller’s
issuance, it should be reasonably clear that Magliocco has been effectively limited to its
facts. See Miller, 613 Pa. at 595-96, 35 A.3d at 1213.
As to the decision in Commonwealth v. Gonzalez, 515 Pa. 98, 527 A.2d 106(1987), I believe that it is subject to multiple, reasonable interpretations, and I have no
difficulty with the majority’s present disapproval, to the extent that Gonzalez may be
read as incorporating the premise that inconsistent verdicts are impermissible. My only
caveat is that I continue to recognize that there are mixed policy considerations
attending the longstanding practice of accepting inconsistent verdicts, and, thus, I would
not foreclose further review of such approach, upon developed policy argumentation on
an order of which we are not generally seeing in this line of cases. Accord Miller, 613
Pa. at 597, 35 A.3d at 1214 (Saylor, J., concurring); Magliocco, 584 Pa. at 268-69, 883
A.2d at 494 (Saylor, J., concurring and dissenting).
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