Commonwealth v. Folk
40 A.3d 169
| Pa. Super. Ct. | 2012Background
- Appellant Russell Folk was convicted in 1998 of multiple counts involving his eight-year-old grandson, resulting in an aggregate 6–30 year sentence.
- Appellant pursued PCRA relief, which was denied in 2000 and affirmed on appeal; the Pennsylvania Supreme Court later denied allowance of appeal.
- In 2010, Folk filed a pro se motion for modification of sentence under 61 P.S. § 81 alleging terminal illness and requesting time-served relief.
- The 2010 motion was denied by operation of law; Folk appealed the denial.
- Effective October 13, 2009, 61 P.S. § 81 was replaced by 42 Pa.C.S.A. § 9777(a), imposing a seven-factor clear-and-convincing-proof standard for temporary transfer to medical facilities.
- The court applied § 9777, reviewed for abuse of discretion, and concluded Folk failed to meet the statutory requirements or show a need for transfer; relief to release him is not authorized by § 9777.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of § 9777 petition was an abuse of discretion | Folk contends denial without a hearing violated due process. | Court properly declined transfer due to lack of evidence meeting seven factors. | No abuse; petition failed to prove required factors. |
Key Cases Cited
- Commonwealth v. Reefer, 816 A.2d 1136 (Pa.Super.2003) (context for former Act 61 procedures and modification standards)
- Commonwealth v. Kositi, 880 A.2d 648 (Pa.Super.2005) (review standard under former § 81)
- In re Private Criminal Complaint of Wilson, 879 A.2d 199 (Pa.Super.2005) (plenary review under former § 81 guidance)
- Commonwealth v. Travaglia, 28 A.3d 868 (Pa.2011) (abuse-of-discretion standard for sentencing decisions)
- Commonwealth v. Baker, 547 Pa. 214 (1997) (utilized in discussing non-constitutional disposition)