Com. v. Snyder, R.
Com. v. Snyder, R. No. 2962 EDA 2016
| Pa. Super. Ct. | Feb 28, 2017Background
- Roger K. Snyder was convicted of first-degree murder in 1978 and sentenced to life imprisonment.
- Over decades Snyder filed multiple collateral challenges (federal habeas in 1983; state PCHA/PCRA petitions in 1986, 1996, 2007, 2013). All were denied on the merits or as untimely.
- The recurring claim: Judge Joseph A. Smyth (formerly Montgomery County District Attorney) should have recused from ruling on Snyder’s 1996 PCRA petition because of his prior role as prosecutor.
- In 2016 Snyder filed his fifth PCRA petition asserting recusal error and relying on the U.S. Supreme Court’s decision in Williams v. Pennsylvania (2016).
- The PCRA court dismissed the 2016 petition as untimely under the PCRA’s one-year filing rule and Snyder appealed, arguing Williams created a new, retroactive constitutional right that excuses the time bar.
- The Superior Court affirmed, holding Snyder failed to invoke a recognized retroactive right under 42 Pa.C.S. § 9545(b)(1)(iii) and thus the petition was jurisdictionally time-barred.
Issues
| Issue | Plaintiff's Argument (Snyder) | Defendant's Argument (Commonwealth/PCRA court) | Held |
|---|---|---|---|
| Whether Williams v. Pennsylvania creates a new retroactive constitutional right excusing Snyder’s untimely PCRA petition | Williams requires recusal by a former prosecutor turned judge; this new rule excuses the PCRA time bar and permits a new filing | Snyder has not shown Williams was held to apply retroactively; the petition is untimely and no PCRA exception applies | Court held Snyder’s petition is time-barred; Williams was not shown to apply retroactively, so dismissal was proper |
Key Cases Cited
- Commonwealth v. Robinson, 139 A.3d 178 (Pa. 2016) (standard of review for PCRA denials)
- Commonwealth v. Lippert, 85 A.3d 1095 (Pa. Super. 2014) (deference to PCRA court findings)
- Commonwealth v. Callahan, 101 A.3d 118 (Pa. Super. 2014) (timeliness of PCRA petitions reviewed de novo)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (timeliness is jurisdictional)
- Commonwealth v. Beasley, 741 A.2d 1258 (Pa. 1999) (petitioner’s burden to plead and prove timeliness exceptions)
- Commonwealth v. Edmiston, 65 A.3d 339 (Pa. 2013) (threshold inquiry whether timeliness exception pleaded and proven)
- Commonwealth v. Carr, 768 A.2d 1164 (Pa. Super. 2001) (must plead specific facts showing 60-day filing under § 9545(b)(2))
- Commonwealth v. Perrin, 947 A.2d 1284 (Pa. Super. 2008) (untimely PCRA petitions dismissed for lack of jurisdiction)
- Commonwealth v. Lawson, 90 A.3d 1 (Pa. Super. 2014) (affirming dismissal where no timeliness exception applies)
- Williams v. Pennsylvania, 136 S. Ct. 1899 (U.S. 2016) (recusal required where judge previously served as prosecutor and had made critical decisions in the same matter)