Com. v. Davis, T.
1732 WDA 2015
Pa. Super. Ct.Nov 4, 2016Background
- Thomas Davis Jr. was convicted in 2009 of drug offenses (Feb. trial) and firearms offenses (July trial) and received consecutive prison terms.
- Davis appealed both convictions; one appeal was voluntarily discontinued (drug docket) and the other was affirmed; direct review concluded in 2010–2011.
- Davis filed a first PCRA petition in 2011 which was dismissed; that denial was affirmed and certiorari was denied in 2012.
- Davis filed a second (instant) PCRA petition on August 6, 2015, asserting Alleyne/Hopkins-based challenges to mandatory-minimum sentencing provisions.
- The PCRA court dismissed the 2015 petition as untimely under 42 Pa.C.S. § 9545(b) and the Superior Court affirmed, holding no timeliness exception applied.
Issues
| Issue | Davis's Argument | Commonwealth/PCRA Court's Argument | Held |
|---|---|---|---|
| Timeliness of the 2015 PCRA petition | Petition filed within 60 days of Hopkins (June 15, 2015), so timely under § 9545(b)(2)/(1)(ii) | Judgments of sentence became final in 2010–2011; the 2015 petition is untimely and no exception applies | Petition is untimely; dismissed for lack of jurisdiction |
| Applicability of "newly-discovered facts" exception (§ 9545(b)(1)(ii)) | Hopkins is newly discovered and triggers the exception | Judicial opinions are not "facts" for § 9545(b)(1)(ii) | Hopkins does not qualify as a "fact"; exception inapplicable |
| Applicability of new constitutional-right exception (§ 9545(b)(1)(iii)) based on Alleyne/Hopkins | Alleyne/Hopkins announce constitutional rules invalidating mandatory-minimum statutes and should apply | Alleyne does not apply retroactively on collateral review; Hopkins did not announce a retroactive rule | Alleyne/Hopkins do not satisfy the retroactivity exception for these final judgments |
| Need for an evidentiary hearing | Davis contends the court should have held a hearing on the merits | Court lacked jurisdiction because petition was untimely; no genuine material facts requiring a hearing | No error in dismissing without a hearing when petition is untimely |
Key Cases Cited
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (judicial opinions are not "facts" under § 9545(b)(1)(ii))
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (facts increasing mandatory minimums must be submitted to jury)
- Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) (invalidating particular Pennsylvania mandatory‑minimum provision under Alleyne)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne does not satisfy PCRA retroactivity absent Supreme Court direction)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)