Com. v. Kerns, S.
606 MDA 2017
| Pa. Super. Ct. | Nov 7, 2017Background
- Scott Kerns pled guilty (open plea) to one count of Involuntary Deviate Sexual Intercourse against his 10‑year‑old stepdaughter and was sentenced to 7½ to 20 years; the court designated him a sexually violent predator (SVP) and he received lifetime registration under then‑applicable Megan’s Law II.
- Judgment of sentence became final January 12, 2004; Kerns filed numerous PCRA petitions (13 prior), all unsuccessful.
- Kerns filed his 14th pro se PCRA petition on or about October 7, 2016, asserting various challenges including illegality of sentence and the SVP/lifetime registration requirement.
- The PCRA court issued a Rule 907 notice to dismiss as untimely; it dismissed the petition on March 13, 2017. Kerns appealed.
- Kerns argued his petition was timely under the PCRA’s 60‑day exception based on recent Pennsylvania Supreme Court decisions (A.S. v. Pa. State Police and Commonwealth v. Lutz‑Morrison) and relied on Commonwealth v. Wolfe for a Section 9718 challenge.
- The Superior Court held it lacked jurisdiction over an untimely PCRA petition, rejected Kerns’s attempt to treat judicial decisions as "newly discovered facts," and found many claims were previously litigated and therefore not cognizable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / 60‑day exception | Kerns: filed within 60 days of learning of A.S. and Lutz‑Morrison, invoking §9545(b)(1)(ii) | Commonwealth: judicial decisions are not "newly discovered facts"; petition is facially untimely | Dismissed as untimely; exception in §9545(b)(1)(ii) inapplicable to judicial decisions |
| Legality of sentence under 42 Pa.C.S. §9718 | Kerns: Wolfe renders §9718 unconstitutional and vacates related sentencing consequences | Commonwealth: Wolfe was decided earlier; Kerns filed beyond 60 days; issue was previously litigated in prior PCRA | Claim untimely and previously litigated; exception not met; claim not cognizable |
| SVP designation and lifetime registration (Megan’s Law II) | Kerns: SVP status and lifetime registration unconstitutional / improper application; not part of plea | Commonwealth: challenges to SVP/registration were raised earlier and litigated | Issues previously litigated; not cognizable under PCRA; dismissal affirmed |
| Access to plea materials / alleged plea enforcement errors | Kerns: trial court failed to provide copy of original guilty plea and erred in enforcing plea | Commonwealth: procedural/time‑bar and prior litigation bars apply | Claims barred as previously litigated and by PCRA timeliness rules |
Key Cases Cited
- Commonwealth v. Wolfe, 140 A.3d 651 (Pa. 2016) (held §9718 facially unconstitutional and non‑severable)
- Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011) (issues previously litigated are not cognizable under the PCRA)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (judicial decisions are not "newly discovered facts" under §9545(b)(1)(ii))
- A.S. v. Pa. State Police, 143 A.3d 896 (Pa. 2016) (Pennsylvania Supreme Court decision relied on by appellant)
- Commonwealth v. Lutz‑Morrison, 143 A.3d 891 (Pa. 2016) (Pennsylvania Supreme Court decision relied on by appellant)
- Alleyne v. United States, 133 S.Ct. 2151 (U.S. 2013) (held facts increasing mandatory minimums must be found by jury)