Background

• On December 17, 2008, Callahan robbed a victim at her car, taking $200; victim described a black hat, gray coat, and goatee.
• Appellant was identified by the victim at the station and at trial; he presented a teenage alibi witness.
• Appellant was convicted of robbery, theft by unlawful taking, making terroristic threats, and recklessly endangering another person on April 19, 2010; sentenced to 10–20 years on June 3, 2010.
• First PCRA petition led to reinstatement of rights to file post-sentence motions and direct appeal nunc pro tunc; subsequent appellate proceedings occurred.
• Appellant filed a second PCRA petition on April 30, 2013; the PCRA court denied relief after an evidentiary hearing.
• This Superior Court held the second PCRA petition untimely, final judgment date April 23, 2012, and no statutory exception applied; thus no jurisdiction to consider merits.

Issues

Key Cases Cited

• Commonwealth v. Turner, 73 A.3d 1283 (Pa. Super. 2013) (timeliness restarts on nunc pro tunc direct-appeal reinstatement)
• Commonwealth v. Donaghy, 33 A.3d 12 (Pa. Super. 2011) (timing and nunc pro tunc considerations for PCRA petitions)
• Commonwealth v. Lark, 746 A.2d 585 (Pa. 2000) (pending PCRA appeals tolling for subsequent petitions; one-year limit applies after final judgment)
• Commonwealth v. Ali, 86 A.3d 173 (Pa. 2014) (doctrines of tolling and equitable tolling not allowed to extend time)
• Commonwealth v. Robinson, 837 A.2d 1157 (Pa. 2003) (strict application of time-bar provisions with enumerated exceptions)
• Commonwealth v. Hall, 771 A.2d 1232 (Pa. 2001) (limits on equitable tolling in PCRA context)
• Commonwealth v. Gandy, 38 A.3d 899 (Pa. Super. 2012) (timeliness question can be raised sua sponte; jurisdictional concern)
• Commonwealth v. Turner, 73 A.3d 1283 (Pa. Super. 2013) (reiterates timeliness principles for PCRA petitions)