1420 EDA 2024
Pa. Super. Ct.Mar 11, 2025Background
- Alberto Castillo Jr. was convicted of first-degree murder and sentenced to life without parole in 1990.
- The Superior Court affirmed Castillo’s conviction in 1991; he did not seek further review.
- Between 1991 and 2016, Castillo filed multiple unsuccessful PCRA petitions.
- In March 2024, Castillo filed his sixth PCRA petition, which was dismissed as untimely without a hearing by the PCRA court.
- Castillo appealed the dismissal, arguing he had established a "miscarriage of justice."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCRA petition | Castillo argues for a "miscarriage of justice" exception to time bar. | Commonwealth asserts only three statutory exceptions apply and none pled. | Petition is untimely; no applicable exception; dismissed. |
| Jurisdiction to consider untimely PCRA petitions | Castillo contends his claims merit substantive review due to alleged injustice. | Commonwealth says without a properly pled exception, court lacks jurisdiction. | Court lacks jurisdiction; cannot review merits. |
Key Cases Cited
- Commonwealth v. Hernandez, 79 A.3d 649 (Pa. Super. 2013) (PCRA petition timeliness is jurisdictional)
- Commonwealth v. Brandon, 51 A.3d 231 (Pa. Super. 2012) (lists statutory PCRA timing exceptions)
- Commonwealth v. Burton, 936 A.2d 521 (Pa. Super. 2007) (exceptions must be pled in the petition, not first on appeal)
- Commonwealth v. Derrickson, 923 A.2d 466 (Pa. Super. 2007) (no jurisdiction over untimely PCRA petitions without a pled exception)