Commonwealth v. Ragan, D., Aplt. ( 2021 )

IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 19 EAP 2021
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Appellee :
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v. :
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DERRICK RAGAN, :
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Appellant :
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COMMONWEALTH OF PENNSYLVANIA, : No. 20 EAP 2021
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Appellee :
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v. :
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DERRICK RAGAN, :
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Appellant :
ORDER
PER CURIAM
AND NOW, this 7th day of September, 2021, the order of the Superior Court
transferring these appeals, see Commonwealth v. Ragan, 507 EDA 2020, is VACATED.
These appeals are TRANSFERRED to the Superior Court for disposition.
This Court lacks direct appellate jurisdiction over an appeal taken by a defendant
who had formerly been subject to a death sentence, but who is now sentenced to life
imprisonment. See Commonwealth v. Rompilla, 983 A.2d 1207, 1211 (Pa. 2009)
(observing that this Court’s direct appellate jurisdiction over PCRA orders in capital
matters “plainly does not encompass cases in which the death penalty was imposed at
one time but subsequently was vacated and a judgment of sentence of life imprisonment
was imposed”). Rather, the Superior Court has exclusive, direct appellate jurisdiction over
an appeal from an order involving a defendant sentenced to life imprisonment. See 42
Pa.C.S. §742 (“The Superior Court shall have exclusive appellate jurisdiction of all
appeals from final orders of the courts of common pleas, . . . except such classes of
appeals as are by any provision of this chapter within the exclusive jurisdiction of the
Supreme Court or the Commonwealth Court.”).
The Superior Court is directed to address whether the PCRA petitions were timely
filed in light of Commonwealth v. Reid, 235 A.3d 1124 (Pa. 2020), which was issued after
the PCRA court reinstated these appeals.
Jurisdiction relinquished.
Chief Justice Baer and Justices Saylor and Todd did not participate in the
consideration or decision of this matter.
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