Com. v. Nelson, J.
Com. v. Nelson, J. No. 1450 WDA 2016
| Pa. Super. Ct. | Aug 31, 2017Background
- James Nelson pled guilty in January 2016 to multiple offenses and was sentenced to 3–6 years’ incarceration, 7 years’ probation, and fines/costs; he did not appeal the sentence.
- Nelson was incarcerated in a state DOC facility where DOC began deducting 50% of his inmate account earnings under 42 Pa.C.S. § 9728 (Act 84) to satisfy $769 in fines, costs, and restitution.
- On August 10, 2016, Nelson filed a pro se Act 84 Motion in the Washington County Court of Common Pleas asking the trial court to stop the DOC deductions and return funds.
- The trial court denied the motion on the merits on August 11, 2016; Nelson timely appealed to the Superior Court.
- The Superior Court raised and resolved the question of subject-matter jurisdiction and vacated the trial court’s order as void for lack of jurisdiction, allowing Nelson to pursue relief in Commonwealth Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court of common pleas had jurisdiction to hear an Act 84 challenge to DOC deductions | Nelson argued the trial court should enjoin DOC from deducting 50% of his inmate wages and return monies | Trial court treated the filing on the merits and denied relief | Superior Court held the court of common pleas lacked subject-matter jurisdiction; Commonwealth Court has exclusive original jurisdiction over civil actions against the Commonwealth regarding Act 84 deductions |
| Whether the Act 84 Motion could be treated as a PCRA petition challenging legality of sentence | Nelson in briefing claimed sentencing court failed to hold an ability-to-pay hearing | Trial court did not consider the claim as a PCRA petition | Superior Court declined to convert the Act 84 Motion into a PCRA petition because Nelson did not raise legality-of-sentence in the original motion |
Key Cases Cited
- Commonwealth v. Danysh, 833 A.2d 151 (Pa. Super. 2003) (trial court lacked jurisdiction over state-agency Act 84 claim; Commonwealth Court has exclusive original jurisdiction)
- Commonwealth v. Jackson, 858 A.2d 627 (Pa. Super. 2004) (Act 84 deductions are subject to Commonwealth Court jurisdiction)
- Commonwealth v. Boyd, 73 A.3d 1269 (Pa. Super. 2013) (challenge to failure to consider ability to pay implicates legality of sentence)