Commonwealth v. Allen
107 A.3d 709
| Pa. | 2014Background
- Appellee Todd Allen was arrested Jan 10, 2002 for driving a stolen vehicle; police seized $1,060 in cash during search.
- Charges were withdrawn by nolle prosequi and disposed of on Nov 8, 2002.
- On July 22, 2010 Allen filed a Rule 588 petition for return of the seized cash; Commonwealth moved to dismiss 3/9/2011.
- Trial court and Commonwealth Court analyzed Setzer, One 1990 Dodge Ram Van, and statutes to conclude waiver and time limits barred the petition.
- Supreme Court held that Rule 588 waiver analysis controls; Allen had a prior opportunity to move during pendency or within 30 days after dismissal, so the petition was waived.
- Court authorized affirming the trial court’s denial on waiver grounds, not on a statute-of-limitations analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver under Setzer applies to a stand-alone return motion | Allen had a pending criminal matter and could have moved. | Commonwealth says waiver applies because Allen did not raise during proceedings. | Waiver applies; failure to file during pendency or within 30 days after dismissal bars review. |
| Whether a six-year statute of limitations applies to Rule 588 petitions | Rule 588 timing not a statute; waiver governs. | Commonwealth Court correctly applied a limitations period. | Statute of limitations analysis rejected; waiver governs. |
| What is the proper timing under Rule 588 for criminal defendants | A trigger events differ when charges are dismissed; no trial necessary. | Waiver timing aligns with post-trial/sentencing window. | Return motions are timely if filed during pendency or within 30 days after dismissal; failure waives claims. |
Key Cases Cited
- Commonwealth v. Setzer, 392 A.2d 772 (Pa. Super. 1978) (waiver of return of property when not raised in timely proceedings)
- Commonwealth v. One 1990 Dodge Ram Van, 751 A.2d 1235 (Pa. Cmwlth. 2000) (waiver under Setzer applied to return of property)
- Commonwealth v. Romberger, 378 A.2d 286 (Pa. 1977) (issue cognizable in proceeding is waived if not raised)
- Commonwealth v. Perez, 941 A.2d 778 (Pa. Cmwlth. 2008) (civil forfeiture proceedings; quasi-criminal in nature)
- Commonwealth v. Allen, 59 A.3d 677 (Pa. Cmwlth. 2012) (en banc, decision on timing; sets context for Rule 588)