Commonwealth v. Morris (Concurring Opinion)

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[J-82-00] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Appellant v. KELVIN X. MORRIS, Appellee : : : : : : : : : : 1 E. D. Appeal Docket 2000 Appeal from the order of the Court of Common Pleas of Philadelphia County, Trial Division, entered on December 21, 1999, at Nos. 409-413, July Term 1982, staying the execution scheduled for January 27, 2000 ARGUED: May 9, 2000 CONCURRING OPINION MR. CHIEF JUSTICE FLAHERTY DECIDED: April 20, 2001 I join the opinion of the court, but wish to emphasize the inherent power of the court to enter a stay in order to effectuate justice. When the legislature is silent, a court can always enter a stay when it is necessary to avoid injustice. The opinion of the court briefly acknowledges this power, but understandably emphasizes the exception governing this case. When a convict under sentence of death seeks a stay of execution, he is obligated to follow the statutory procedure, set forth at 42 Pa.C.S. § 9545(c), established to control this precise situation. This in no way abrogates the court s inherent power to grant a stay nor the convict s right to seek a stay: it merely prescribes the procedure governing exercise of the court s power and the convict s rights. Mr. Justice Cappy s opinion for the court aptly analogizes this situation to the relationship between the PCRA and the right of habeas corpus, whereby a petitioner must seek habeas relief only within the confines of the PCRA or suffer the loss of that right. This being understood, I join the opinion of the court. As appellant failed to follow the procedure of § 9545(c), I agree that the court lacked the authority to stay the execution. [J-82-00] - 2

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