Com. v. Trudel, G.
3154 EDA 2016
| Pa. Super. Ct. | Sep 20, 2017Background
- In 1988 George Trudel, Jr. was convicted of second-degree murder, conspiracy, and possession of an instrument of crime and sentenced to life without parole.
- Direct appeals concluded in 1990; the judgment of sentence became final on January 21, 1991.
- Trudel filed a second pro se PCRA petition on May 1, 2012 (with amendments and supplements).
- The PCRA court issued a Rule 907 notice on August 2, 2016 and dismissed the petition as untimely on September 20, 2016. Trudel appealed pro se.
- Trudel relied principally on Alleyne and related Pennsylvania decisions to invoke the PCRA timeliness exception for newly recognized constitutional rights and argued Alleyne announced a watershed rule.
- The Superior Court affirmed: Trudel’s petition was patently untimely and Alleyne does not apply retroactively to collateral review under Pennsylvania precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCRA petition | Trudel: his May 2012 petition should be considered under the PCRA because of new law (Alleyne) | Commonwealth: petition filed well beyond one-year statutory deadline; no applicable exception pleaded | Petition untimely; dismissal affirmed |
| Alleyne creates a retroactive constitutional right | Trudel: Alleyne (and follow-ups) announced a new constitutional rule that must be applied retroactively (or is a watershed rule) | Commonwealth: Alleyne does not apply retroactively to collateral review under Pennsylvania law | Alleyne not retroactive for collateral attacks; cannot satisfy §9545(b)(1)(iii) |
| Watershed-rule exception to PCRA timing | Trudel: Alleyne is a "watershed" procedural rule requiring retroactivity | Commonwealth: Pennsylvania courts have rejected Alleyne’s retroactive application; watershed exception not met | Court bound by Commonwealth v. Washington; watershed argument fails |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (facts that increase mandatory minimums must be found by a jury beyond a reasonable doubt)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Bennett, 930 A.2d 1264 (Pa. 2007) (PCRA time limits implicate jurisdiction and cannot be disregarded to reach the merits)
- Commonwealth v. Owens, 718 A.2d 330 (Pa. Super. 1998) (judgment of sentence becomes final 90 days after denial of allowance of appeal due to time to seek certiorari)
- Commonwealth v. Ragan, 923 A.2d 1169 (Pa. 2007) (standard of review for PCRA dismissal: whether PCRA court’s determination is supported by the record and free of legal error)