Commonwealth v. Ortiz
17 A.3d 417
| Pa. Super. Ct. | 2011Background
- Ortiz, then a juvenile, participated in a 1994 homicide in Lancaster after planning to sell drugs with Levar Jones.
- Whetts was fatally shot; Ortiz and Jones fled and discussed the shooting, with Nolley testifying to their celebration afterward.
- Ortiz was convicted of second degree murder, criminal conspiracy, and robbery in 1995 and sentenced to life without parole for the murder.
- Direct appeal and multiple PCRA petitions followed; prior petitions were denied or withdrawn in 1997, 2001, and 2006.
- Ortiz filed a fourth pro se PCRA petition on June 7, 2010, arguing an after-recognized-right exception based on Graham v. Florida; the petition was dismissed as untimely.
- The Superior Court affirmed, holding the Graham exception did not apply because the offense was homicide and Graham does not retroactively apply to such cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham-based after-recognized-right apply to this untimely PCRA? | Ortiz | Ortiz | No retroactive applicability for homicide sentencing |
| Is Ortiz's petition timely under 42 Pa.C.S.A. § 9545(b)? | PCRA timely via Graham exception | Untimely; no applicable exception | Petition facially untimely; no exceptions prove timely |
Key Cases Cited
- Commonwealth v. Abdul-Salaam, 571 Pa. 219 (2002) (after-recognized-right retroactivity standard)
- Gamboa-Taylor, 562 Pa. 70 (2000) (timeliness and exceptions to PCRA deadlines)
- Beasley, 559 Pa. 604 (1999) (burden to prove exceptions to time bar)
- Graham v. Florida, 560 U.S. 48 (2010) (juvenile life-without-parole for nonhomicide crimes violates Eighth Amendment; retroactivity considerations)
- Commonwealth v. Halley, 582 Pa. 164 (2005) (standard of review for PCRA dismissal and findings)