1228 MDA 2024
Pa. Super. Ct.Mar 21, 2025Background
- Charles Jordan was convicted in 2016 of firearm-related offenses and tampering with evidence, receiving an aggregate sentence of 11 to 22 years.
- Jordan did not appeal his conviction directly but later filed several unsuccessful petitions under the Pennsylvania Post Conviction Relief Act (PCRA).
- On April 5, 2024, Jordan filed a new, pro se PCRA petition arguing his convictions were unconstitutional in light of the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen (2022).
- The PCRA court denied the petition as untimely, since it was filed more than a year after his judgment became final and also after Bruen was decided.
- Jordan appealed the denial, arguing his petition met the exception for newly recognized constitutional rights and that Bruen should apply retroactively to his case.
- The Superior Court affirmed the denial, holding the petition was time-barred and no retroactivity ruling for Bruen applied in collateral cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCRA Petition | Petition should be allowed under the new constitutional right exception due to Bruen | Petition is patently untimely under PCRA’s jurisdictional time limits | Petition is untimely; Bruen does not trigger the new right exception in this context |
| Retroactive Application of Bruen | Bruen applies retroactively to cases on collateral review | No court has held Bruen retroactive for collateral review | Neither SCOTUS nor PA Supreme Court has held Bruen retroactive for collateral review; no exception met |
| Applicability of Commonwealth v. Alford | Alford establishes Bruen's retroactivity for collateral review | Alford was a direct appeal, not collateral review; distinguishes situations | Alford concerned direct review only, does not support exception for collateral review under PCRA |
| Sufficiency of Rule 1925(b) Statement | Late filing should not bar appeal | Untimely statement should preclude review | Declined to address, as jurisdiction does not exist over untimely PCRA petition |
Key Cases Cited
- Commonwealth v. Hackett, 956 A.2d 978 (Pa. 2008) (PCRA petition timeliness is a jurisdictional prerequisite, courts may not review untimely petitions)
- Commonwealth v. Robinson, 837 A.2d 1157 (Pa. 2003) (No jurisdiction over untimely PCRA petitions)
- Commonwealth v. Spotz, 171 A.3d 675 (Pa. 2017) (New constitutional right exception applies only if Supreme Court has held it retroactive)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022) (Second Amendment case; used as basis for petitioner’s argument, but not held retroactive by courts)