Com. v. Smith, K.
Com. v. Smith, K. No. 36 EDA 2017
| Pa. Super. Ct. | Jun 20, 2017Background
- Karrie Smith pled guilty in 1990 to second‑degree murder, robbery, and conspiracy and was sentenced to life imprisonment; judgment became final February 15, 1990.
- Smith filed multiple PCRA petitions: first in 2008 (denied and affirmed on appeal), and unsuccessful second and third petitions in 2012 and 2016.
- On September 22, 2016, Smith filed a fourth pro se PCRA petition invoking the Alleyne decision.
- The PCRA court issued a Rule 907 notice and dismissed the petition on November 17, 2016 as untimely.
- Smith appealed pro se; the Superior Court considered whether the petition met a statutory timeliness exception and whether Alleyne applies retroactively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCRA petition | Smith argued his petition is timely under a statutory exception based on Alleyne. | Commonwealth argued petition was filed well beyond the one‑year filing period and no exception applies. | Petition is untimely; PCRA court lacked jurisdiction to entertain it. |
| Alleyne exception / retroactivity | Smith invoked Alleyne as a newly recognized constitutional rule excusing the late filing. | Commonwealth and Superior Court: Alleyne was decided in 2013; Smith filed after 60 days and neither the U.S. Supreme Court nor PA Supreme Court has held Alleyne retroactive on collateral review. | Alleyne does not satisfy the §9545(b)(1)(iii) exception for convictions final before Alleyne; petition remains time‑barred. |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (holding facts that increase mandatory minimums must be found by a jury)
- Commonwealth v. Turner, 73 A.3d 1283 (Pa. Super. 2013) (timeliness is jurisdictional under the PCRA)
- Commonwealth v. Chambers, 35 A.3d 34 (Pa. Super. 2011) (requirements for asserting new‑constitutional‑right exception)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne not held retroactive on collateral review)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively to sentences final before decision)
- Commonwealth v. Smith, 22 A.3d 1077 (Pa. Super. 2010) (appeal affirming denial of earlier PCRA petition)