Com. v. Sears, R., Jr.

J-S07024-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
RICHARD JAMAR SEARS, JR.
Appellant No. 27 MDA 2016
Appeal from the Judgment of Sentence December 7, 2015
In the Court of Common Pleas of Northumberland County
Criminal Division at No(s): CP-49-CR-0000743-2014
BEFORE: BOWES, J., LAZARUS, J., and MUSMANNO, J.
JUDGMENT ORDER BY LAZARUS, J.: FILED MAY 12, 2017
Richard Jamar Sears, Jr., appeals, pro se, from his judgment of
sentence, imposed in the Court of Common Pleas of Northumberland County,
after a jury convicted him of weapons or implements of escape and
prohibited offensive weapons. For the following reasons, we quash the
appeal.
Sears’ brief is defective. While he manages to comply with the Rules
of Appellate Procedure regarding form, his 68-page argument section is a
mishmash of repetitive, mostly incoherent rambling1 in which he repeatedly
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1
To quote but one example of the brief’s incoherence:
In light of the Const. of 1968’s lack of the requisite saving
clause/saving schedule from Pennsylvania’s Constitution of 1874,
the ratification of the Constitution without inserting a saving
schedule/saving clause to save or perserve [sic] all such
(Footnote Continued Next Page)
J-S07024-17
makes reference to unspecified acts of fraud committed by the judges and
attorneys in this matter and accuses them of fabricating unnamed court
documents. Sears makes multiple references to the Uniform Commercial
Code, and alleges that the Magisterial District Judge asserted “authority to
conduct a criminal action against [Sears] under a secret jurisdiction known
only to judges and licensed attorneys[.]” Brief of Appellant, at 60. In short,
the nature of Sears’ brief is such that we find our ability to conduct appellate
review severely impaired.
“[A]lthough this Court is willing to construe liberally materials filed by
a pro se litigant, pro se status generally confers no special benefit upon an
appellant.” Commonwealth v. Lyons, 833 A.2d 245, 251–52 (Pa. Super.
2003). “When issues are not properly raised and developed in briefs, [and]
when the briefs are wholly inadequate to present specific issues for review, a
court will not consider the merits thereof.” Commonwealth v. Drew, 510
A.2d 1244, 1245 (Pa. Super. 1986), quoting Commonwealth v. Sanford,
_______________________
(Footnote Continued)
criminal/crimes statutes, laws, codes, and prosecutions existing
prior to the ratification thereof, failed to save or perserve [sic]
Pennsylvania’s courts of common pleas’s [criminal division]
jurisdiction for criminal actions/criminal prosecutions; and all
such laws, codes and statutes which were in existence prior to
said adoption/ratification stemming from the Pennsylvania
Constitution of 1874 had thus become repealed and/or null and
void of any further force and effect.
Brief of Appellant, at 92.
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J-S07024-17
445 A.2d 149, 150 (Pa. Super. 1982). In this instance, the total inadequacy
of Sears’ brief prevents us from ascertaining whether there is any possible
merit to his appeal. Accordingly, we are constrained to quash the appeal.
Appeal quashed. Application for Relief and Application to Withdraw
Application for Relief denied.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/12/2017
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