Com. v. Hathaway, B.
Com. v. Hathaway, B. No. 1123 WDA 2016
| Pa. Super. Ct. | Feb 16, 2017Background
- Hathaway appeals pro se from two PCRA orders denying relief, filed June 29, 2016 and July 5/August 2, 2016 in Crawford County.
- Sentence imposed April 14, 2004; aggregate term of ten to 25 years; judgment affirmed June 30, 2005; Supreme Court denied cert on December 1, 2005.
- Judgment became final ninety days after denial of cert, meaning no certiorari power thus finalization before March 1, 2007 for PCRA filing.
- Petition treated as untimely under 42 Pa.C.S. § 9545(b); petitioner did not plead or prove any statutorily listed exceptions.
- PCRA court dismissed the petition; Superior Court quashed the appeal from July 5, 2016 order and affirmed the August 2, 2016 order.
- Rule 907 notice of intention to dismiss (interlocutory) preceded the decision; court considered the motion as a PCRA petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and jurisdiction under the PCRA | Hathaway contends exceptions to time bar apply | Commonwealth asserts untimely and no exceptions proven | Untimely; no exceptions proven; no jurisdiction to entertain petition |
| Effect of finality on PCRA filing deadline | Finality mechanics support timely filing if exceptions apply | Finality fixed; deadline expired long before petition | Deadline expired; no timely petition available |
Key Cases Cited
- Commonwealth v. Brandon, 51 A.3d 231 (Pa. Super. 2012) (timeliness exceptions govern jurisdictional PCRA review)
- Commonwealth v. Hathaway, 881 A.2d 833 (Pa. Super. 2005) (appealability and finality considerations in post-conviction matters)
- Commonwealth v. Brimage, 580 A.2d 877 (Pa. Super. 1990) (finality timing and certiorari considerations for final judgment)
- Commonwealth v. Taylor, 65 A.3d 462 (Pa. Super. 2013) (PCRA petition treated as PCRA when raising illegal sentence concerns)