Com. v. Edwards, N. ( 2017 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
NICHOLAS EDWARDS :
:
Appellant : No. 2760 EDA 2016
Appeal from the PCRA Order August 9, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-1006311-2003
BEFORE: OTT, DUBOW, JJ., and STEVENS, P.J.E.*
MEMORANDUM BY OTT, J.: FILED JULY 06, 2017
Nicholas Edwards appeals pro se from the order entered August 9,
2016, in the Court of Common Pleas of Philadelphia County, that dismissed
his second petition under the Post-Conviction Relief Act (PCRA).1 A jury
convicted Edwards of murder of the first degree,2 conspiracy,3 and related
crimes, and Edwards received a mandatory sentence of life imprisonment.
In this appeal, Edwards raises 10 issues, including whether the petition is
untimely, whether he is entitled to habeas corpus relief, whether prior
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*
Former Justice specially assigned to the Superior Court.
1
42 Pa.C.S. §§ 9541–9546.
2
18 Pa.C.S. § 2502.
3
18 Pa.C.S. § 903.
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counsel were ineffective for various reasons, and whether the trial court
committed reversible error. Based upon the following, we affirm.
The facts of this case are fully summarized in this Court’s decision
affirming the judgment of sentence. See Commonwealth v. Edwards,
981 A.2d 917 (Pa. Super. 2009) (unpublished memorandum), appeal
denied, 989 A.2d 7 (Pa. February 5, 2010). The procedural history of this
case is set forth in this Court’s decision regarding Edwards’ appeal from the
denial of relief on his first PCRA petition. See Commonwealth v.
Edwards, 120 A.3d 1043 (Pa. Super. 2015) (unpublished memorandum),
appeal denied, 119 A.3d 350 (Pa. July 29, 2015).
On August 21, 2014, while Edwards’ appeal from the denial of relief on
his first PCRA petition was pending in this Court, Edwards filed a habeas
corpus petition, alleging that he was being unlawfully detained due to the
lack of a written sentencing order in contravention of 42 Pa.C.S. §
9764(a)(8). On March 2, 2015, this Court affirmed the denial of relief on
Edwards’ first PCRA petition and, on July 29, 2015, the Pennsylvania
Supreme Court denied Edwards’ petition for allowance of appeal.4
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4
Commonwealth v. Edwards, 120 A.3d 1043 (Pa. Super. 2015)
(unpublished memorandum), appeal denied, 119 A.3d 350 (Pa. July 29,
2015).
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On December 29, 2015, Edwards filed pro se the instant PCRA petition
– his second. On April 26, 2016, the PCRA court issued a Pa.R.Crim.P. 907
notice of intent to dismiss, explaining the PCRA petition was untimely and
Edwards’ claim for habeas corpus relief also failed. On May 10, 2016,
Edwards filed a pro se response to the Rule 907 notice, contending that
PCRA statutory exceptions applied to his petition. On August 9, 2016, the
PCRA court dismissed Edwards’ PCRA petition and denied the habeas corpus
petition. This appeal followed.5
In the first issue raised in this appeal, Edwards challenges the PCRA
court’s determination that the instant petition is untimely.
Our standard of review over the denial of a PCRA petition is well-
settled. “In reviewing the denial of PCRA relief, we examine
whether the PCRA court’s determination ‘is supported by the
record and free of legal error.’” Commonwealth v. Taylor,
620 Pa. 429, 67 A.3d 1245, 1248 (Pa. 2013) (quoting
Commonwealth v. Rainey, 593 Pa. 67, 928 A.2d 215, 223 (Pa.
2007)).
Commonwealth v. Mitchell, 141 A.3d 1277, 1283-84 (Pa. 2016).
“It is well-settled that the PCRA’s time restrictions are jurisdictional in
nature.” Commonwealth v. Robinson, 139 A.3d 178, 185 (Pa. 2016).
Under the PCRA, any petition for post-conviction relief, including a second or
subsequent one, must be filed within one year of the date the judgment of
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5
The PCRA court did not order Edwards to filed a Pa.R.A.P. 1925(b)
statement of errors complained of on appeal.
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sentence becomes final, unless one of the following exceptions set forth in
42 Pa.C.S. § 9545(b)(1)(i)-(iii) applies:
(b) Time for filing petition.--
(1) Any petition under this subchapter, including a second or
subsequent petition, shall be filed within one year of the date the
judgment becomes final, unless the petition alleges and the
petitioner proves that:
(i) the failure to raise the claim previously was the result
of interference by government officials with the
presentation of the claim in violation of the Constitution
or laws of this Commonwealth or the Constitution or laws
of the United States;
(ii) the facts upon which the claim is predicated were
unknown to the petitioner and could not have been
ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right that was
recognized by the Supreme Court of the United States or
the Supreme Court of Pennsylvania after the time period
provided in this section and has been held by that court
to apply retroactively.
42 Pa.C.S. § 9545(b)(1)(i)-(iii). Any petition attempting to invoke one of
these exceptions “shall be filed within 60 days of the date the claim could
have been presented.” 42 Pa.C.S. § 9545(b)(2).
Here, Edwards’ judgment of sentence became final for PCRA purposes
on May 6, 2010, ninety days after the Pennsylvania Supreme Court’s
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February 5, 2010 denial of allowance of appeal in his direct appeal, 6 when
the time for filing a petition for writ of certiorari in the United States
Supreme Court expired. See 42 Pa.C.S. 9545(b)(3) (“[A] judgment
becomes final at the conclusion of direct review, including discretionary
review in the Supreme Court of the United States and the Supreme Court of
Pennsylvania, or at the expiration of time for seeking the review.). U.S.
Sup. Ct. R. 13. Therefore, Edwards had until May 6, 2011, to file a timely
petition. Since the instant petition was filed on December 29, 2015, it is
patently untimely and cannot be reviewed unless one of the statutory
exceptions applies.
Edwards, in his response to the PCRA court’s Rule 907 notice and in
his brief to this Court, cites the PCRA exceptions set forth at 42 Pa.C.S. §
9545(b)(1)(i) and (ii). The PCRA court analyzed Edwards’ petition in light of
these statutory exceptions, as follows:
Although [Edwards’] instant petition contains language reciting
portions of the PCRA’s statutory time-bar, he failed to
meaningfully plead any of the exceptions enumerated within it.
Instead, [Edwards] primarily presented allegations of counsel
malfeasance sparsely interwoven with fragmented, undeveloped
references to the time-bar. [Edwards’] attempt to raise layered
claims of ineffectiveness was therefore insufficient to satisfy his
burden of proof under section 9545(b)(1). See
Commonwealth v. Wharton, 886 A.2d 1120, 1127 (Pa. 2005)
(“[I]t is well settled that allegations of ineffective assistance of
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6
See Commonwealth v. Edwards, 981 A.2d 917 (Pa. Super. 2009)
(unpublished memorandum), appeal denied, 989 A.2d 7 (Pa. February 5,
2010).
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counsel will not overcome the jurisdictional timeliness
requirements of the PCRA.”).
Moreover, despite accurately echoing our Supreme Court’s
uneasiness regarding the difficulty of challenging PCRA counsel’s
performance in practice, [Edwards’] contention that his petition
should be deemed timely filed because he is challenging the
effectiveness of his original post-conviction counsel has been
unequivocally rejected. See Commonwealth v. Robinson,
139 A.3d 178, 186 (Pa. 2016) (“This Court has never suggested
that the right to effective PCRA counsel can be enforced via an
untimely filed PCRA petition.”).
Finally, even if counsel malfeasance composed the timeliness
exception, [Edwards] failed to file his instant petition within sixty
days from the conclusion of appellate review on July 29, 2015.[7]
See 42 Pa. Cons. Stat. § 9545(b)(2) (requiring any petition
invoking one or more of these exceptions must be filed within 60
days from the date that the claim could have been presented).
[Edwards] therefore failed to sufficiently invoke an exception to
the PCRA’s statutory time-bar.
PCRA Court Opinion, 11/10/2016, at 4–5 (footnotes omitted).
Based on our review of the record and the arguments of Edwards, we
agree with the PCRA court’s well-reasoned assessment. Accordingly, we
conclude Edwards’ petition fails to overcome the PCRA time-bar.
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7
Edwards claims that on August 4, 2015 — within 60 days of the
Pennsylvania Supreme Court’s July 29, 2015 denial of allowance of appeal
on his first PCRA petition — he mailed a second PCRA petition that was lost
in the mail. Edwards relies on the “prisoner mail box rule” to argue his
petition “is deemed timely regardless if it reaches the court.” Edwards’ Brief
at 5. This assertion, however, does not help Edwards since he failed to
satisfy any PCRA statutory exception.
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In his second issue, Edwards maintains the PCRA court erred in
denying him habeas corpus relief.8 Our standard of review regarding a writ
of habeas corpus is well-settled:
Our standard of review of a trial court’s order denying a petition
for writ of habeas corpus is limited to abuse of discretion. Thus,
we may reverse the court’s order where the court has misapplied
the law or exercised its discretion in a manner lacking
reason. As in all matters on appeal, the appellant bears the
burden of persuasion to demonstrate his entitlement to the relief
he requests.
Rivera v. Pa. Dep't of Corr., 837 A.2d 525, 528 (Pa. Super. 2003)
(citations omitted).
Edwards claims his detention is unlawful because “there [are] no
records that exist relating to a lawful [] sentencing order[.]” Edwards’ Brief
at 8. See also Edwards’ Petition for Writ of Habeas Corpus, 8/21/2014, at
¶8. Edwards cites 42 Pa.C.S. § 9764(a)(8), which provides:
§ 9764. Information required upon commitment and
subsequent disposition
(a) General rule. -- Upon commitment of an inmate to the
custody of the Department of Corrections, the sheriff or
transporting official shall provide to the institution’s records
officer or duty officer, in addition to a copy of the court
commitment form DC-300B generated from the Common Pleas
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8
Contrary to the claim in Edwards’ brief that the PCRA court “changed” his
petition for writ of habeas corpus “to a post-conviction relief act petition,”
the PCRA court’s orders and opinion reflect the PCRA court treated the
habeas corpus petition as the proper vehicle for Edwards’ illegal detention
claim. Edwards’ Brief at 8.
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Criminal Court Case Management System of the unified judicial
system, the following information:
…
(8) A copy of the sentencing order and any detainers filed
against the inmate which the county has notice.
42 Pa.C.S. § 9764(a)(8).
In Joseph v. Glunt, 96 A.3d 365 (Pa. Super. 2014), this Court
rejected the very same argument:
The language and structure of section 9764, viewed in context,
make clear that the statute pertains not to the DOC’s authority
to detain a duly-sentenced prisoner, but, rather, sets forth the
procedures and prerogatives associated with the transfer of an
inmate from county to state detention. None of the provisions of
section 9764 indicate an affirmative obligation on the part of the
DOC to maintain and produce the documents enumerated in
subsection 9764(a) upon the request of the incarcerated person.
Moreover, section 9764 neither expressly vests, nor
implies the vestiture, in a prisoner of any remedy for
deviation from the procedures prescribed within.
Id. at 371 (emphasis added). The Joseph Court found persuasive cases
that “deemed a record of the valid imposition of a sentence as sufficient
authority to maintain a prisoner’s detention notwithstanding the absence of
a written sentencing order under 42 Pa.C.S. § 9764(a)(8).” Id. at 372. In
Joseph, the criminal docket of the trial court and the transcript of the
sentencing hearing confirmed the appellant’s sentence. Id. at 372.
Here, as in Joseph, the certified record confirms Edwards’ judgment
of sentence. As the PCRA court explained: “Upon reviewing the criminal
docket through the Common Pleas Case Management System, the sentence
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imposed by the Honorable Kathryn Lewis on February 3, 2006 was
accurately docketed by the Clerk of Courts of [the Court of Common Pleas of
Philadelphia County.]. PCRA Court Opinion, 11/10/2016, at 6. Therefore,
Edwards’ argument fails to warrant habeas corpus relief.
Having concluded the PCRA petition is untimely, and that no exception
applies to overcome the PCRA time-bar, there is no jurisdiction to address
Edwards’ remaining claims. Accordingly, we affirm.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/6/2017
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