Com. v. Williams, M.
259 WDA 2016
| Pa. Super. Ct. | Jan 12, 2017Background
- Morris Williams was convicted of robbery in 1987 and sentenced to 7.5–15 years; direct appeal was denied and the judgment became final on January 18, 1989.
- Williams filed his first PCRA petition pro se on October 8, 2015, asserting ineffective assistance of counsel and prosecutorial misconduct, and requesting appointed counsel as an indigent defendant.
- The PCRA court dismissed the petition as untimely under the one-year time bar in 42 Pa.C.S. § 9545(b)(1); Williams appealed that dismissal.
- The Superior Court agreed the petition was facially untimely (final judgment in 1989; petition filed long after the one-year deadline and outside the 1996 amendment savings clause).
- Despite untimeliness, the Superior Court found Williams was entitled to appointed counsel for his first PCRA petition and that denial of counsel required vacating the dismissal and remanding for appointment of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCRA petition | Williams argued ineffective assistance/prosecutorial misconduct to challenge conviction | Commonwealth/PCRA court argued petition filed decades after judgment final and outside statutory time limits | Petition is facially untimely; judgment final in 1989, not saved by 1995 amendments |
| Right to counsel on first PCRA petition | Williams requested appointed counsel as indigent for his first PCRA filing | Commonwealth/PCRA court denied relief without appointing counsel | Court held first-time PCRA petitioners are entitled to appointed counsel regardless of timeliness; vacated dismissal and remanded for appointment |
Key Cases Cited
- Commonwealth v. Treiber, 121 A.3d 435 (Pa. 2015) (explains when a judgment of sentence becomes final for PCRA timeliness)
- Commonwealth v. Albrecht, 720 A.2d 693 (Pa. 1999) (holding denial of PCRA relief cannot stand unless petitioner had assistance of counsel)
- Commonwealth v. Robinson, 970 A.2d 455 (Pa. Super. 2009) (en banc) (right to counsel to litigate a first PCRA petition through appellate process)
- Commonwealth v. Ferguson, 722 A.2d 177 (Pa. Super. 1998) (first PCRA petitioners requesting counsel cannot have petition denied by court's sua sponte timeliness review without appointing counsel)
- Commonwealth v. Alcorn, 703 A.2d 1054 (Pa. Super. 1997) (explaining the 1995 amendment savings provision and its one-year filing window)