Commonwealth v. Saunders
60 A.3d 162
| Pa. Super. Ct. | 2013Background
- Saunders was convicted by a jury of robbery, burglary, firearms not to be carried without a license, and criminal conspiracy for a Chester home-invasion on Aug. 17, 2004.
- Sentencing occurred on Nov. 23, 2004, with a term of 19 to 38 years' imprisonment.
- Saunders timely appealed; the Superior Court affirmed on Jun. 20, 2008, and no allowance-of-appeal petition was filed to the Pennsylvania Supreme Court.
- Saunders filed a pro se PCRA petition on Sep. 9, 2008; counsel was appointed Oct. 20, 2008; a no-merit letter was filed Mar. 9, 2009.
- The court issued a Rule 907 notice and dismissed the first PCRA petition on Jun. 17, 2009; Saunders’ appeal was later dismissed for failure to file a brief.
- Saunders filed a second pro se PCRA petition on May 23, 2012, alleging ineffective assistance claims; the trial court deemed it untimely and dismissed it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martinez creates an exception to 9545(b)(1) for PCRA ineffectiveness claims. | Saunders urges Martinez permits a 60-day window after discovering PCRA counsel’s ineffectiveness. | Saunders’ timing remains governed by 9545(b)(1)’s one-year deadline; Martinez does not apply to Pennsylvania’s time bar. | Martinez does not alter Pennsylvania’s 1-year PCRA time-bar. |
Key Cases Cited
- Martinez v. Ryan, 132 S. Ct. 1309 (2012) (ineffective assistance of initial counsel may excuse procedural default in federal habeas)
- Commonwealth v. Turner, 518 Pa. 491, 544 A.2d 927 (1988) (no-merit letter framework in PCRA)
- Commonwealth v. Finley, 550 A.2d 213 (1988) (standard for Pa.R.Crim.P. 907 notices and indifferent petitions)