Molinaro v. New Jersey

Background

Molinaro, a man convicted in New Jersey for abortion and conspiring to commit an abortion, appealed his conviction to the United States Supreme Court. He was free on bail pending review but failed to surrender to state authorities. New Jersey revoked his bail and now treats him as a fugitive from justice; both his lawyer and the State informed the Court of his escape.

Reasoning

The Court considered whether it should hear the appeal when the convicted person had fled while free on bail. Relying on earlier decisions where cases were removed from the docket after an escape, the Court noted that the governing statute, 28 U.S.C. §1257(2), contains no rule requiring a different result. The Court concluded that a defendant who escapes is not entitled to call on the Court’s resources to decide his claims and therefore has the authority to dismiss the appeal now rather than waiting until the end of the Term.

Real world impact

This ruling means a convicted person who flees while on bail may lose access to Supreme Court review. It discourages defendants from avoiding custody to pursue appeals and preserves the Court’s time for cases without similar procedural problems. Because this is a procedural dismissal and not a decision on the underlying criminal issues, it does not resolve the merits of the conviction itself.

Dissents or concurrances

Justice Douglas agreed with the outcome and therefore concurred in the result.