Com. v. Rankins, W.
Com. v. Rankins, W. No. 3235 EDA 2016
| Pa. Super. Ct. | Jul 10, 2017Background
- Appellant William Rankins filed his first PCRA petition on March 18, 2016, challenging his conviction.
- The PCRA court did not appoint counsel for Rankins on that first petition.
- The PCRA court issued a notice of intent to dismiss under Pa.R.Crim.P. 907; Rankins responded, claiming an exception under 42 Pa.C.S. § 9545(b)(1)(ii) (facts unknown to petitioner).
- The Superior Court held that a petitioner has an absolute right to counsel on a first PCRA petition regardless of the merits.
- Because counsel was not appointed, the Superior Court vacated the PCRA court’s order and remanded with instructions to appoint counsel and permit amendment of the petition; if Rankins chooses to proceed pro se, the court must conduct a Grazier hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCRA court’s failure to appoint counsel on a first PCRA petition requires relief | Rankins: entitlement to counsel on first PCRA petition; appointment is mandatory and necessary to assess timeliness/exceptions | Commonwealth: (implicit) court dismissed without appointing counsel; did not argue entitlement here | The Superior Court vacated and remanded; appointment of counsel required and petitioner may file amended petition; a Grazier hearing is required if petitioner elects to proceed pro se |
Key Cases Cited
- Commonwealth v. Lindsey, 687 A.2d 1144 (Pa. Super. 1996) (first PCRA petition entitles petitioner to counsel)
- Commonwealth v. Kenney, 732 A.2d 1161 (Pa. 1999) (when right to counsel is denied, remand for appointment of counsel is required)
- Commonwealth v. Tedford, 781 A.2d 1167 (Pa. 2001) (first-time PCRA petitioner without counsel must be permitted to file amended petition with counsel)
- Commonwealth v. Ferguson, 722 A.2d 177 (Pa. Super. 1998) (indigent petitioner entitled to counsel to determine applicability of PCRA timeliness exceptions)
- Commonwealth v. Ramos, 14 A.3d 894 (Pa. Super. 2011) (first PCRA petitioner whose petition appears untimely is entitled to counsel to evaluate exceptions)
- Commonwealth v. Walker, 721 A.2d 380 (Pa. Super. 1998) (PCRA court’s power to dismiss first petition yields to petitioner’s right to counsel)
- Commonwealth v. White, 871 A.2d 1291 (Pa. Super. 2005) (reiterating right to counsel on first PCRA petition)
- Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (procedures for accepting a defendant’s waiver of counsel and proceeding pro se)