Pennsylvania v. May (majority)
Annotate this CaseAppellant Freeman May appealed his death sentence imposed following his third penalty phase hearing. Appellant was convicted for the 1982 murder of Lynn Fair. After a penalty hearing, the jury found one aggravating circumstance, and one mitigating circumstance. The jury determined the aggravating circumstance outweighed the mitigating circumstance, and Appellant was sentenced to death. On direct appeal, the Supreme Court affirmed the conviction, but reversed the sentence, concluding the jury could not properly consider whether appellant committed murder while in the perpetration of the felony (rape) due to an error in instructing the jury. At the second penalty phase, a new jury found one aggravating circumstance, a significant history of felony convictions involving the use or threat of violence to the person, and no mitigating circumstances. Accordingly, the sentence was death. On direct appeal, the Supreme Court affirmed both the conviction and death sentence. Appellant initiated PCRA proceedings by filing a pro se petition, motions for stay of execution, and appointment of counsel. The PCRA court denied relief on all of Appellant’s issues, but granted an evidentiary hearing for his contention that trial counsel was ineffective for failing to investigate, develop, and present mitigating evidence of Appellant’s allegedly traumatic childhood. On appeal, the Supreme Court determined trial counsel was ineffective for failing to object to the trial court’s ruling concerning the introduction of mitigating evidence, and appellate counsel was ineffective for failing to raise the claim on direct appeal. Accordingly, the Supreme Court vacated appellant’s sentence and remanded the matter for a third penalty phase. With the Commonwealth’s agreement, appellant was granted permission to appeal his sentence, nunc pro tunc. Appellant raised multiple alleged errors in the subsequent rehearings, the sum of which warranted a fourth penalty phase hearing. After careful consideration of the lengthy appellate record in this case, the Supreme Court found sufficient evidence to support the juries' findings of aggravating circumstances to warrant the death sentence. The Court affirmed Appellant's sentence.
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