Com. v. Utz, D.
Com. v. Utz, D. No. 1651 MDA 2016
Pa. Super. Ct.Mar 28, 2017Background
- Denton Douglas Utz was convicted in 1997 of multiple sexual offenses and sentenced to an aggregate 18–36 years’ imprisonment.
- Utz’s direct appeal was resolved against him in 1998, and the time to seek further review expired on June 29, 1998, making his judgment of sentence final.
- Utz filed two prior PCRA petitions: a first (denied in 1999) and a second (unsuccessful in 2013).
- He filed a third PCRA petition pro se on July 12, 2016, more than 18 years after his judgment became final; the PCRA court issued Rule 907 notice and then denied relief on October 6, 2016.
- Utz relied on Martinez v. Ryan to excuse untimeliness by alleging ineffective assistance of counsel; he did not file within 60 days of Martinez and Martinez is a federal habeas decision.
- The Superior Court affirmed dismissal, holding the petition was untimely and the PCRA court lacked jurisdiction to consider it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2016 PCRA petition is timely | Utz argued Martinez v. Ryan excuses untimeliness for his ineffective-assistance claim | Commonwealth argued Utz’s petition is untimely under 42 Pa.C.S. § 9545(b)(1) and no timely exception was proven | Petition untimely; dismissed for lack of jurisdiction |
| Whether Martinez v. Ryan creates a retroactive PCRA exception | Utz invoked Martinez as a newly recognized constitutional right triggering Section 9545(b)(1)(iii) | Commonwealth argued Martinez is a federal habeas rule and inapplicable to PCRA timeliness; Utz also failed the 60-day filing requirement | Martinez inapplicable to PCRA timeliness; even if relevant, Utz did not file within 60 days, so exception not met |
Key Cases Cited
- Commonwealth v. Turner, 73 A.3d 1283 (Pa. Super. 2013) (timeliness is jurisdictional for PCRA petitions)
- Commonwealth v. Chambers, 35 A.3d 34 (Pa. Super. 2011) (new constitutional-right exception requires a right that the court has held retroactive)
- Commonwealth v. Saunders, 60 A.3d 162 (Pa. Super. 2013) (Martinez applies to federal habeas corpus, not to PCRA timeliness)
- Martinez v. Ryan, 566 U.S. 1 (U.S. 2012) (ineffective assistance of post-conviction counsel can excuse default in federal habeas proceedings)