Commonwealth v. Fiebiger

570 Pa. 583 (Pa. 2002) (Pa. 2002) · Supreme Court of Pennsylvania · November 22, 2002 · No. Nos. 300 CAP and 281 CAP

Summary

The Supreme Court of Pennsylvania affirmed two convictions and death sentences involving Anthony James Fiebiger. The court independently reviewed the sufficiency of the evidence and aggravating circumstances despite Fiebiger's waiver of appellate rights in one case and guilty plea in the other. The court concluded that the convictions and sentences were not the product of passion, prejudice, or another arbitrary factor.

Holdings

  1. Even after a defendant knowingly, voluntarily, and intelligently waives appellate rights and the assistance of appellate counsel, the Pennsylvania Supreme Court must conduct the statutory review required in every case in which a death sentence has been imposed.
  2. The evidence was sufficient for the jury to find Fiebiger guilty beyond a reasonable doubt of the first-degree murder of Marcia Jones.
  3. The evidence supported at least one statutory aggravating circumstance, and the Jones death sentence was not the product of passion, prejudice, or another arbitrary factor.
  4. Fiebiger's guilty plea to the first-degree murder of Norma Parker was knowing, intelligent, and voluntary.
  5. The evidence supported the three aggravating circumstances found by the trial court in the Parker case, and the Parker death sentence was not the product of passion, prejudice, or another arbitrary factor.

Questions Presented

  1. Whether Fiebiger's waiver of his appellate rights and his right to appellate counsel was knowing, voluntary, and intelligent.
  2. Whether the evidence was sufficient to sustain Fiebiger's first-degree murder conviction for the killing of Marcia Jones.
  3. Whether the evidence supported the statutory aggravating circumstances and otherwise showed that the Jones death sentence was not the product of passion, prejudice, or another arbitrary factor.
  4. Whether Fiebiger's guilty plea to the first-degree murder of Norma Parker was knowing, intelligent, and voluntary.
  5. Whether the evidence supported the aggravating circumstances found by the trial court in the Parker case and otherwise showed that the Parker death sentence was not the product of passion, prejudice, or another arbitrary factor.

Disposition

affirmed

Cases Cited (9)

  • Commonwealth v. Zettlemoyer, 500 Pa. 16, 454 A.2d 937, 942 n. 3 (1982)(followed)
  • Commonwealth v. Michael, 544 Pa. 105, 674 A.2d 1044 (1996)(followed)
  • Commonwealth v. Heidnik, 526 Pa. 458, 587 A.2d 687 (1991)(followed)
  • Commonwealth v. Appel, 517 Pa. 529, 539 A.2d 780 (1988)(followed)
  • Commonwealth v. Kemp, 562 Pa. 154, 753 A.2d 1278, 1280 (2000)(followed)
  • Commonwealth v. Lee, 541 Pa. 260, 662 A.2d 645, 656 (1995)(followed)
  • Commonwealth v. Lassiter, 554 Pa. 586, 722 A.2d 657, 661-62 (1998)(distinguished)
  • In re A.D., 771 A.2d 45 (Pa. Super. 2001)(followed)
  • Commonwealth v. Trimble, 419 Pa. Super. 108, 615 A.2d 48 (1992)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…