Com. v. Richards, K.
2599 EDA 2023
Pa. Super. Ct.Mar 21, 2025Background
- Kenneth Richards was convicted in 2010 of attempted murder and related charges after a shooting incident involving victim John Raksnis, who initially identified Richards as the shooter but recanted at trial.
- Richards’ first PCRA petition was denied in 2017, and that decision was affirmed on appeal in 2018.
- In 2021, Richards filed a second, counseled PCRA petition, presenting affidavits from three purportedly new witnesses (including Raksnis, a neighbor, and an employee witness), claiming newly discovered evidence of his innocence.
- The Commonwealth responded that Richards failed to show due diligence in discovering these witnesses and argued the petition was untimely.
- The PCRA court dismissed the petition as untimely, finding Richards had not met any exception to the one-year filing requirement or shown why the evidence could not have been obtained earlier.
- On appeal, Richards challenged the dismissal without an evidentiary hearing, focusing on the newly discovered witness, Lehron Johnson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal of untimely PCRA petition without hearing | Richards had newly discovered witnesses supporting innocence | Richards failed to show due diligence or meet time-bar exception | Dismissal affirmed; no time-bar exception shown |
| Application of newly-discovered-facts exception | Affidavits are newly discovered facts | Affidavits are from sources previously available; no diligence | Exception not met; petition untimely |
| Need for evidentiary hearing on new witness | Johnson’s affidavit warranted a hearing | No explanation given for failure to present witness earlier | No hearing required; no genuine issue of fact |
| Waiver by inadequate appellate statement | All three affidavits should be considered | Only Johnson's affidavit was preserved for appeal | Claims re: Raksnis/Williams are waived |
Key Cases Cited
- Commonwealth v. Barndt, 74 A.3d 185 (Pa. Super. 2013) (standard of review for PCRA dismissals)
- Commonwealth v. Blakeney, 108 A.3d 739 (Pa. 2014) (requirements for reversal of PCRA dismissal without hearing)
- Commonwealth v. Brown, 111 A.3d 171 (Pa. Super. 2015) (newly-discovered-facts exception to PCRA time-bar)
- Commonwealth v. Hernandez, 79 A.3d 649 (Pa. Super. 2013) (timeliness as a jurisdictional requirement under the PCRA)