Com. v. Johnson, E.
1102 EDA 2016
| Pa. Super. Ct. | Oct 11, 2016Background
- Johnson was convicted on multiple drug, conspiracy, and corrupt-organization counts in 2008 and sentenced in 2009 to a lengthy term including a seven-year minimum.
- Appellant challenged weight/sufficiency of evidence and suppression denial on direct appeal, which this Court affirmed in 2010 and the PA Supreme Court denied in 2011.
- Johnson filed multiple PCRA petitions beginning in 2011; counsel and petitions were resolved with dismissals and remands, including a remand for PCRA counsel and an evidentiary hearing that ultimately led to a 2013 dismissal.
- The February 2016 PCRA petition challenged the sentence as illegal under Alleyne, arguing retroactivity under Montgomery should apply.
- The PCRA court issued a Rule 907 notice and then dismissed the petition as untimely on March 29, 2016, prompting Johnson’s timely appeal under 42 Pa.C.S. § 9545.”
- The court held the Alleyne rule is not retroactive under Pennsylvania law, and the petition was untimely with no eligible exceptions, depriving the court of jurisdiction to address merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the PCRA petition | Johnson alleges Alleyne retroactivity warrants timely review | Commonwealth contends petition untimely under 9545(b) and no retroactive relief | Untimely; no valid 9545(b)(1)(iii) exception; court lacked jurisdiction to reach merits |
| Retroactivity of Alleyne under Montgomery | Montgomery retroactively applies new substantive rules | Alleyne not retroactive under PA law; Montgomery applies only to substantive rules | Alleyne not retroactive in PA collateral review; Montgomery does not salvage timeliness |
Key Cases Cited
- Commonwealth v. Ragan, 923 A.2d 1169 (Pa. 2007) (timeliness and jurisdiction in PCRA appeals)
- Commonwealth v. Bennett, 930 A.2d 1264 (Pa. 2007) (PCRA time-bar and exceptions framing)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1998) (Turney/Finley counsel withdrawal framework)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (rule for withdrawing/petition processing in PCRA)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (retroactivity of new substantive rules under Teague; retroactivity limits for collateral review)
- Commonwealth v. Owens, 718 A.2d 330 (Pa. Super. Ct. 1998) (timeliness and finality concepts in collateral review)
- Commonwealth v. Riggle, 119 A.3d 1058 (Pa. Super. Ct. 2015) (Alleyne retroactivity analysis in PA)