Com. v. Warner, A.
435 WDA 2016
| Pa. Super. Ct. | Jan 12, 2017Background
- Appellant Antonio Armond Warner was convicted after a third jury trial (March 23, 2012) of multiple sexual and related offenses and sentenced to 30–60 years imprisonment.
- Appellant’s direct appeal was affirmed by this Court on September 11, 2013; his judgment became final on October 11, 2013 after he did not timely seek allowance of appeal to the Pennsylvania Supreme Court.
- Appellant filed a pro se PCRA petition on January 15, 2015 raising Batson, Brady, and trial-court-bias/denial-of-defense claims; counsel later filed a Turner/Finley no‑merit letter and petition to withdraw.
- The PCRA court issued a Rule 907 notice and dismissed the petition on August 12, 2015; counsel filed an Anders/Turner‑Finley brief on appeal and sought withdrawal.
- The Superior Court held counsel complied with Turner/Finley technical requirements and reviewed the merits, but concluded Appellant’s PCRA petition was untimely and no statutory time‑bar exception was pled or proven.
Issues
| Issue | Appellant's Argument | Commonwealth / PCRA Court Argument | Held |
|---|---|---|---|
| Timeliness / PCRA jurisdiction | Petition filed Jan 15, 2015 was timely or exceptions apply | Judgment was final Oct 11, 2013; petition due by Oct 11, 2014; petition is untimely and no exception properly pleaded | Petition untimely; PCRA court lacked jurisdiction; dismissal affirmed |
| Batson (prosecutorial strikes) | Prosecutor improperly exercised peremptory strikes on race grounds | Issue was waived; Appellant could have raised it on direct appeal and abandoned it | Waived/timeliness bar; not cognizable in this untimely PCRA petition |
| Brady (suppression of exculpatory evidence) | Commonwealth withheld material evidence vital to defense | Brady claim was litigated on direct appeal; Appellant failed to plead new evidence or due‑diligence exception | Previously litigated/waived; no time‑bar exception shown; not reviewable |
| Trial court bias / restriction of defense | Trial court limited Appellant’s ability to present a defense and showed bias | These claims could have been raised earlier and are waived; no exception pleaded to save untimely petition | Waived/timeliness bar; no relief granted |
Key Cases Cited
- Finley v. Commonwealth, 550 A.2d 213 (Pa. Super. 1988) (procedural standards for counsel withdrawal on collateral appeal)
- Wrecks v. Commonwealth, 931 A.2d 717 (Pa. Super. 2007) (Turner/Finley framework explained)
- Turner v. Commonwealth, 544 A.2d 297 (Pa. 1988) (requirements for no‑merit submissions on PCRA appeals)
- Daniels v. Commonwealth, 947 A.2d 795 (Pa. Super. 2008) (Anders brief can suffice where it substantially complies with Turner/Finley)
- Barndt v. Commonwealth, 74 A.3d 185 (Pa. Super. 2013) (PCRA standard of review)
- Brandon v. Commonwealth, 51 A.3d 231 (Pa. Super. 2012) (PCRA timeliness and statutory exceptions)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibition on racially motivated peremptory strikes)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecution’s duty to disclose exculpatory evidence)