Commonwealth v. Gandy
38 A.3d 899
| Pa. Super. Ct. | 2012Background
- Gandy was convicted of first-degree murder and a firearms offense in 1985 and sentenced to life imprisonment and a concurrent 1–2 year term.
- He pursued multiple PCRA petitions: initial petition in 1990–1991 (dismissed), then a 2006 petition seeking DNA testing, which was denied and affirmed on appeal in 2008, with federal habeas later unsuccessful.
- The current appeal challenges a third PCRA petition alleging willful destruction of DNA evidence by the prosecutor and seeking relief related to due process and potentially mitigating evidence.
- The PCRA court held the third petition untimely under 42 Pa.C.S. § 9545(b) and that any claims had been previously litigated, and/or were meritless; the relevant DNA testing remedy was not properly invoked under 9543.1 for these time-bar issues.
- The Superior Court agreed the petition was untimely and concluded Wright did not create a new constitutional right with retroactive application, so the time bar and lack of retroactivity deprived the court of jurisdiction to consider the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Wright create a new retroactive constitutional right? | Gandy argues Wright creates a new retroactive right. | Commonwealth contends Wright does not create a new constitutional right. | Wright does not create a new constitutional right. |
Key Cases Cited
- Commonwealth v. Wright, 14 A.3d 798 (Pa. 2011) (confession alone not per se bar to DNA testing; questions of retroactivity not decided in this context)
- Commonwealth v. Young, 873 A.2d 720 (Pa. Super. 2005) (preclusion of DNA testing for confessions; overruled by Wright)
- Commonwealth v. Brooks, 875 A.2d 1141 (Pa. Super. 2005) (DNA testing exception not a jurisdictional bar to post-conviction relief; after-discovered evidence concept)
- Commonwealth v. Perrin, 947 A.2d 1284 (Pa. Super. 2008) (timeliness and exceptions to PCRA statute of limitations)
- Commonwealth v. Geer, 936 A.2d 1075 (Pa. Super. 2007) (timeliness exceptions to PCRA)
- Commonwealth v. Abdul-Salaam, 812 A.2d 497 (Pa. 2002) (statutory interpretation of 9545(b) and retroactivity concepts)
- Commonwealth v. Copenhefer, 941 A.2d 646 (Pa. 2007) (interpretation of new rights and retroactivity timing language in 9545(b)(1)(iii))