Com. v. Langerston, D., 108 EDA 2016

Background

Appellant Darryl Langerston was convicted (jury) of third‑degree murder and PIC on facts arising from a 2006 stabbing and was sentenced on November 14, 2006 to 20–40 years' imprisonment.
Direct appeal was ultimately resolved against him; he filed multiple PCRA petitions (this was his sixth PCRA petition filed December 9, 2015) challenging sentencing and counsel effectiveness.
The 2015 PCRA petition acknowledged untimeliness but invoked the "newly discovered facts" exception under 42 Pa.C.S. § 9545(b)(1)(ii), claiming a recently obtained Pennsylvania Commission on Sentencing Guideline form showed he received a sentence greater than the lawful maximum for a standard range sentence.
The PCRA court issued a Pa.R.Crim.P. 907 pre‑dismissal notice; Langerston responded but did not show why the Sentencing Guideline form was unknown or why he exercised due diligence earlier.
The trial court found the Sentencing Guideline form was on the docket the day of sentencing (Nov. 14, 2006), Langerston attended the sentencing and heard the relevant statements, and he failed to prove the newly discovered‑facts exception or due diligence; dismissal followed on timeliness grounds.
The Superior Court affirmed, holding the petition untimely and refusing to reach the merits (including ineffective assistance and constitutional challenges to the statutes) because timeliness is jurisdictional.

Issues

Issue	Plaintiff's Argument (Langerston)	Defendant's Argument (Commonwealth/Trial Court)	Held
Whether PCRA petition is timely or fits §9545(b)(1)(ii) newly discovered‑facts exception	The Sentencing Guideline form produced 9/16/2015 revealed he was sentenced above lawful maximum; he exercised due diligence in obtaining the form	The form was part of the record/docket on sentencing day; Langerston attended sentencing and could have learned facts then; he failed to show facts were unknown or due diligence	Petition untimely; exception not shown; dismissal affirmed
Whether court may reach substantive claims (ineffective assistance of counsel re: sentencing/guideline; hearsay) despite untimeliness	Claims are meritorious and warrant review	Timeliness is jurisdictional; without an exception the court lacks power to reach merits; one hearsay claim was previously litigated	Court refused to consider merits; claims precluded by timeliness (and one claim barred as previously litigated)

Key Cases Cited

Commonwealth v. Taylor, 67 A.3d 1245 (Pa. 2014) (PCRA timeliness requirement is mandatory and jurisdictional)
Commonwealth v. Bennett, 930 A.2d 1264 (Pa. 2007) (two‑part test for §9545(b)(1)(ii): facts unknown and due diligence)
Commonwealth v. Marshall, 947 A.2d 714 (Pa. 2008) (focus is on newly discovered facts, not new source for known facts; strict due diligence requirement)
Commonwealth v. Brown, 111 A.3d 171 (Pa. Super. 2015) (explains §9545(b)(1)(ii) requirement and scope)
Commonwealth v. Robinson, 12 A.3d 477 (Pa. Super. 2011) (timeliness is jurisdictional; untimely petitions without exception must be dismissed)
Commonwealth v. Williamson, 21 A.3d 236 (Pa. Super. 2011) (standard of review for trial court's timeliness determinations)
Commonwealth v. Jackson, 30 A.3d 516 (Pa. Super. 2011) (untimely petition without proven exception must be dismissed without a hearing)
Commonwealth v. Perrin, 947 A.2d 1284 (Pa. Super. 2008) (dismissal procedure for untimely PCRA petitions)
Commonwealth v. Gamboa‑Taylor, 753 A.2d 780 (Pa. 2000) (timeliness/exception and jurisdictional limits)
Commonwealth v. Breakiron, 781 A.2d 94 (Pa. 2001) (petitioner must explain why facts could not be learned earlier with due diligence)
Commonwealth v. Monaco, 996 A.2d 1076 (Pa. Super. 2010) (due diligence requirement explained)
Commonwealth v. Carr, 768 A.2d 1164 (Pa. Super. 2001) (due diligence requires reasonable steps to protect one’s interests)
Commonwealth v. Hackett, 956 A.2d 978 (Pa. 2008) (jurisdictional nature of time limits)
Commonwealth v. Jones, 54 A.3d 14 (Pa. Super. 2012) (court may not address merits if petition not timely filed)