Com. v. Hickson, M.
943 MDA 2017
| Pa. Super. Ct. | Nov 28, 2017Background
- Appellant McArthur Frank Hickson pled guilty in 2010 to possession with intent to distribute and to being a person not to possess a firearm at two Berks County dockets and received an aggregate 8–20 year sentence.
- His direct appeal was dismissed for failure to file a brief; judgment of sentence became final on October 31, 2011.
- Hickson filed multiple pro se PCRA petitions between 2011 and 2017; prior petitions were dismissed and those dismissals were affirmed on appeal.
- On March 6, 2017 Hickson filed the petition at issue (treated as a serial PCRA petition); the PCRA court issued Rule 907 notice and dismissed the petition on May 24, 2017.
- Hickson appealed pro se; he argued ineffective assistance by initial PCRA counsel and challenged the dismissal of his first PCRA petition without an evidentiary hearing.
- The Superior Court held the 2017 petition was untimely under the PCRA time-bar and that Hickson invoked no statutory exception, so the court lacked jurisdiction and affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2017 pleading should be treated as a PCRA petition and is timely | Hickson contended his filing (styled as habeas corpus) raised PCRA-cognizable claims and sought relief | Commonwealth/PCRA court treated the pleading as a PCRA petition but maintained it was untimely | Court: The filing is a PCRA petition but is untimely under 42 Pa.C.S. § 9545(b)(1); court lacked jurisdiction |
| Whether an exception to the PCRA time-bar was established to permit review of ineffective assistance claims | Hickson argued merits (ineffective assistance of initial PCRA counsel) but did not invoke a statutory exception or show newly-discovered facts/constitutional impediment | Commonwealth argued no time-bar exception was pleaded within 60 days as required | Court: No exception was asserted; petition remains time-barred and cannot be considered |
Key Cases Cited
- Commonwealth v. Peterkin, 722 A.2d 638 (Pa. 1998) (PCRA is the exclusive remedy for collateral challenges even if petition styled as habeas corpus)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (standards for counsel withdrawal and appellate practice referenced)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (procedures for counsel seeking to withdraw in collateral appeals)
- Commonwealth v. Turner, 73 A.3d 1283 (Pa. Super. 2013) (PCRA timeliness is jurisdictional and petition must be filed within one year of final judgment)