Com. v. Johnson
| Court | Superior Court of Pennsylvania |
| Writing for the Court | OLSZEWSKI, J. |
| Citation | 803 A.2d 1291 |
| Decision Date | 22 July 2002 |
| Parties | COMMONWEALTH OF PENNSYLVANIA, Appellee, v. James H. JOHNSON, Appellant. |
803 A.2d 1291
COMMONWEALTH OF PENNSYLVANIA, Appellee,v.
James H. JOHNSON, Appellant
Superior Court of Pennsylvania.
Submitted May 20, 2002.
Filed July 22, 2002.
Catherine L. Marshall, Asst. Dist. Atty., Philadelphia, for Commonwealth, appellee.
Before: McEWEN, P.J.E.; CERCONE, P.J.E.; and OLSZEWSKI, J.
¶ 1 James Johnson appeals from the lower court's October 24, 2001, order denying his petition for relief pursuant to the Post Conviction Relief Act ("PCRA" or "Act"), 42 Pa.C.S. § 9541 et seq. We affirm.
¶ 2 On May 18, 1993, appellant killed Helen Jackson by stabbing her thirty-three times with a hunting knife and placing her body underneath his porch. He later walked into a police station, confessed to the crime, and told police the location of the body. On April 13, 1994, a jury found him guilty of first-degree murder, possession of an instrument of crime, and abuse of a corpse. When the jury was unable to agree whether or not to impose the death penalty, the judge interceded and sentenced appellant to life imprisonment.
¶ 3 Appellant filed a direct appeal raising numerous allegations of trial court error and prosecutorial misconduct. We affirmed the judgment of sentence, Commonwealth v. Johnson, 453 Pa.Super. 682, 683 A.2d 311 (1996), and on December 10, 1996, the Pennsylvania Supreme Court denied his petition for allowance of appeal.
¶ 4 Instead of first pursuing collateral relief in our state court system, appellant unsuccessfully sought such relief in federal court. On February 13, 1998, he filed his first PCRA petition, and the lower court appointed counsel to assist him. After reviewing the record, counsel filed a Turner/Finley letter, and the court permitted him to withdraw and dismissed the petition. This Court affirmed the lower court's order on November 9, 2000.
¶ 5 Appellant filed a "Motion To Vacate Sentence And Discharge Petitioner/Defendant" on May 17, 2001. The lower court considered this motion to be appellant's second PCRA petition and dismissed it as untimely filed on October 24, 2001. This appeal followed in which appellant claims that the lower court should have treated the instant petition as an extension of his timely first petition, because counsel did not effectively assist him in preparing the later. See Appellant's Brief at 11.
¶ 6 We have repeatedly held that the PCRA provides the sole means for obtaining collateral review, and that any petition filed after the judgment of sentence becomes final will be treated as a PCRA petition. Commonwealth v. Hutchins, 760 A.2d 50, 52 n. 1 (Pa.Super.2000). It is clear, therefore, that appellant's May 17, 2001, motion qualifies as a PCRA petition. We must now determine whether the lower court...
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Com. v. Fowler, No. 741 WDA 2006.
...that any petition filed after the judgment of sentence becomes final will be treated as a PCRA petition." Commonwealth v. Johnson, 803 A.2d 1291, 1293 (Pa.Super.2002) (citation omitted) (concluding the appellant's motion to vacate sentence qualified as a PCRA petition). See also Common......
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Com. v. Holmes
...judgment of sentence becomes final will be treated as a PCRA petition." Super. Ct. Slip Op. at 2 (quoting Commonwealth v. Johnson, 803 A.2d 1291, 1293 15. Although the Commonwealth has contested the sufficiency of the notice of the trial court's intent to vacate the sentence, the trial......
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Commonwealth v. Taylor
...motions filed after a judgment of sentence is final are to be construed as PCRA petitions. Id. at 591 (citing Commonwealth v. Johnson, 803 A.2d 1291, 1293 (Pa.Super.2002)); Commonwealth v. Evans, 866 A.2d 442 (Pa.Super.2005); Commonwealth v. Beck, 848 A.2d 987, 989 (Pa.Super.2004); Commonwe......
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Commonwealth v. Cristina, No. 601 WDA 2013
...implicate our jurisdiction and may not be altered or disregarded to address the merits of the petition); Commonwealth v. Johnson, 803 A.2d 1291, 1294 (Pa.Super.2002) (holding the Superior Court lacks jurisdiction to reach merits of an appeal from an untimely PCRA petition). Under the PCRA, ......
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Com. v. Fowler, No. 741 WDA 2006.
...that any petition filed after the judgment of sentence becomes final will be treated as a PCRA petition." Commonwealth v. Johnson, 803 A.2d 1291, 1293 (Pa.Super.2002) (citation omitted) (concluding the appellant's motion to vacate sentence qualified as a PCRA petition). See also Common......
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Com. v. Holmes
...judgment of sentence becomes final will be treated as a PCRA petition." Super. Ct. Slip Op. at 2 (quoting Commonwealth v. Johnson, 803 A.2d 1291, 1293 15. Although the Commonwealth has contested the sufficiency of the notice of the trial court's intent to vacate the sentence, the trial......
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Commonwealth v. Taylor
...motions filed after a judgment of sentence is final are to be construed as PCRA petitions. Id. at 591 (citing Commonwealth v. Johnson, 803 A.2d 1291, 1293 (Pa.Super.2002)); Commonwealth v. Evans, 866 A.2d 442 (Pa.Super.2005); Commonwealth v. Beck, 848 A.2d 987, 989 (Pa.Super.2004); Commonwe......
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Commonwealth v. Cristina, No. 601 WDA 2013
...implicate our jurisdiction and may not be altered or disregarded to address the merits of the petition); Commonwealth v. Johnson, 803 A.2d 1291, 1294 (Pa.Super.2002) (holding the Superior Court lacks jurisdiction to reach merits of an appeal from an untimely PCRA petition). Under the PCRA, ......