Com. v. Eiland, L.
Com. v. Eiland, L. No. 2077 MDA 2016
| Pa. Super. Ct. | Jun 19, 2017Background
- Appellant Lester Eiland was convicted in 2001 of second-degree murder, robbery, and conspiracy; originally sentenced to life plus consecutive terms. 2003 Superior Court affirmed convictions but remanded for resentencing; Supreme Court denied allowance.
- After resentencing on August 5, 2004, Eiland’s judgment of sentence became final on September 4, 2004.
- Eiland filed a serial, pro se PCRA petition on November 23, 2015 — over ten years after his judgment became final.
- The trial court dismissed the petition as untimely on November 29, 2016; Eiland appealed pro se and filed a Rule 1925(b) statement.
- Eiland invoked the PCRA’s “new constitutional right” timeliness exception, relying on Martinez v. Ryan to argue prior privately retained PCRA counsel was ineffective in litigating his first PCRA petition.
- The Superior Court held the petition untimely and rejected Martinez as a basis to excuse the PCRA time-bar, affirming dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eiland’s 2015 PCRA petition is timely | Eiland contends Martinez creates a new constitutional right excusing the untimely filing because prior PCRA counsel was ineffective | Commonwealth argues Martinez does not excuse the PCRA statutory time-bar and the petition is plainly untimely | Court held petition untimely; Martinez does not excuse PCRA time-bar — dismissal affirmed |
| Whether lack of Pa.R.Crim.P. 907 notice requires reversal | (Not raised on appeal) | Commonwealth noted omission but argued waiver where not raised | Court found Rule 907 defect waived by Eiland’s failure to raise it; even if not waived, untimeliness is dispositive |
Key Cases Cited
- Zeigler v. Commonwealth, 148 A.3d 849 (Pa. Super. 2016) (timeliness of PCRA petitions is jurisdictional)
- Saunders v. Commonwealth, 60 A.3d 162 (Pa. Super. 2013) (Martinez is a development in federal habeas law and does not overcome PCRA time-bar)
- Martinez v. Ryan, 566 U.S. 1 (U.S. 2012) (ineffective assistance at initial-review collateral proceedings may establish cause for federal habeas procedural default)
- Taylor v. Commonwealth, 65 A.3d 462 (Pa. Super. 2013) (failure to challenge lack of Rule 907 notice results in waiver)
- Commonwealth v. Eiland, 839 A.2d 1152 (Pa. Super. 2003) (direct-appeal decision referenced in procedural history)