Com. v. Hopkins, G.
2277 MDA 2015
| Pa. Super. Ct. | Oct 25, 2016Background
- George J. Hopkins was convicted by a jury on October 11, 2006 of two counts of aggravated assault and several firearm- and identification-related offenses; he received an aggregate sentence of 150–360 months on December 20, 2006.
- The Superior Court affirmed his judgment of sentence on November 30, 2007; Hopkins did not seek review in the Pennsylvania Supreme Court, so his judgment became final on December 30, 2007.
- Hopkins filed a first PCRA petition in 2008 which was denied; on July 16, 2015 he filed a second pro se PCRA petition asserting a timeliness exception based on Alleyne and a later Pennsylvania Hopkins decision.
- The PCRA court issued Rule 907 notice and dismissed the 2015 petition as untimely on December 31, 2015; Hopkins appealed pro se and filed a Rule 1925(b) statement.
- The Superior Court considered whether Hopkins invoked a statutory timeliness exception (new constitutional right) to overcome the one-year PCRA filing requirement and whether Alleyne and related authority apply retroactively on collateral review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2015 PCRA petition is timely | Hopkins argued Alleyne and Pennsylvania Hopkins announced a new constitutional rule making his mandatory-minimum-related claim timely under the "new constitutional right" exception | Commonwealth argued the petition was filed more than one year after finality and Alleyne (and related decisions) have not been held retroactive on collateral review | Petition untimely; Alleyne/related decisions not shown to apply retroactively, so timeliness exception fails and court lacked jurisdiction |
| Whether Alleyne announces a retroactive rule for collateral review | Hopkins relied on Alleyne to challenge mandatory minimum sentencing | Commonwealth maintained neither the U.S. Supreme Court nor PA Supreme Court has declared Alleyne retroactive for collateral review | Alleyne (and progeny) have not been held retroactive on collateral review, so Alleyne cannot save the late petition |
Key Cases Cited
- Alleyne v. United States, 133 S.Ct. 2151 (2013) (held facts increasing mandatory minimums must be found by jury)
- Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) (PA Supreme Court decision relied on by petitioner)
- Commonwealth v. Hackett, 956 A.2d 978 (Pa. 2008) (PCRA timeliness is jurisdictional)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne not held retroactive on collateral review)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively to challenge mandatory-minimum sentence as illegal)
- Commonwealth v. Chambers, 35 A.3d 34 (Pa. Super. 2011) (explains requirements for newly created constitutional-right exception on collateral review)
- Commonwealth v. Hopkins, 944 A.2d 793 (Pa. Super. 2007) (prior appellate decision affirming conviction)