Com. v. Brown, A.
Com. v. Brown, A. No. 3008 EDA 2016
| Pa. Super. Ct. | Jun 14, 2017Background
- Aaron I. Brown was convicted by a jury in 1980 of first-degree murder and PIC; sentenced to life plus additional terms. Direct appeal affirmed by Pennsylvania Supreme Court in 1983.
- Brown filed multiple collateral challenges over the years; the instant filing was a pro se, serial PCRA petition filed August 14, 2012, with a supplement in 2015.
- The PCRA court issued Pa.R.Crim.P. 907 notice and dismissed the petition as untimely on August 30, 2016; Brown appealed pro se.
- Brown’s judgment of sentence became final on August 30, 1983 (expiration of time to seek U.S. Supreme Court review); the one-year statutory PCRA filing period therefore long expired.
- Brown invoked the PCRA’s statutory exceptions (governmental interference and a ‘‘new constitutional right’’), claiming prior PCRA counsel withdrew a petition without notice and that African Americans were excluded from his jury; these claims had been litigated previously.
- The Superior Court held the petition was untimely and that Brown’s arguments did not fit the statutory exceptions (defense counsel’s ineffectiveness is not "governmental interference"; Martinez does not change the PCRA time-bar). The court affirmed dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCRA petition | Brown: his 2012 petition should be considered despite long delay | Commonwealth: petition filed well beyond the one-year PCRA deadline from finality of sentence | Dismissed as untimely; judgment became final in 1983 so 2012 filing is time-barred |
| Governmental-interference exception (9545(b)(1)(i)) | Brown: prior PCRA counsel withdrew his 1996 petition without notice, constituting governmental interference | Commonwealth: prior counsel’s conduct does not constitute governmental interference; issue was previously litigated | Exception not met; counsel is not a government official for this exception; claim previously litigated and rejected |
| Jury discrimination claim (systematic exclusion of African Americans) | Brown: African Americans were systematically excluded from his jury | Commonwealth: claim already raised and denied in prior PCRA proceedings | Claim was previously litigated and thus barred under 42 Pa.C.S. § 9543(a)(3) |
| New constitutional-rights exception (Martinez reliance) | Brown: relies on Martinez to excuse default/late filing | Commonwealth: Martinez applies to federal habeas, not to Pennsylvania PCRA time-bar | Martinez does not provide relief for PCRA timeliness; exception inapplicable |
Key Cases Cited
- Commonwealth v. Brown, 461 A.2d 793 (Pa. 1983) (direct-appeal affirmance of Brown’s convictions)
- Commonwealth v. Brown, 927 A.2d 648 (Pa. Super. 2007) (prior PCRA litigation rejecting similar claims)
- Commonwealth v. Zeigler, 148 A.3d 849 (Pa. Super. 2016) (timeliness is jurisdictional for PCRA)
- Commonwealth v. Pursell, 749 A.2d 911 (Pa. 2000) (defense counsel not a "government official" for governmental-interference exception)
- Commonwealth v. Saunders, 60 A.3d 162 (Pa. Super. 2013) (Martinez does not affect PCRA time-bar)
- Martinez v. Ryan, 566 U.S. 1 (U.S. 2012) (federal habeas rule on ineffective assistance at initial-review collateral proceedings)