Commonwealth v. Beatty, 178 WDA 2018

CourtSuperior Court of Pennsylvania
Citation207 A.3d 957
Docket NumberNo. 178 WDA 2018,178 WDA 2018
Parties COMMONWEALTH of Pennsylvania, Appellee v. Paul William BEATTY, Appellant
Decision Date08 April 2019

Matthew C. Parson, Franklin, for appellant.

Kyle B. Peasley, Assistant District Attorney, Franklin, for Commonwealth, appellee.

BEFORE: GANTMAN, P.J., BENDER, P.J.E., and OLSON, J.

OPINION BY GANTMAN, P.J.:

Appellant, Paul William Beatty, appeals from the order entered in the Venango County Court of Common Pleas, which denied his second petition filed under the Post Conviction Relief Act ("PCRA").1 For the following reasons, we hold the court had no jurisdiction to address Appellant's petition on the merits. Accordingly, we affirm but on other grounds.

The relevant facts and procedural history of this case are as follows. In 2005, Appellant raped Victim, who was at the time the minor daughter of his girlfriend. In 2009, Victim told her legal guardian, S.H., about the rape. S.H. took Victim to a therapist who, as a mandated reporter, informed the police of the abuse. On August 16, 2011, a jury convicted Appellant of one count each of rape of a child, indecent assault, endangering the welfare of children, and corruption of minors. The court sentenced Appellant on January 5, 2012, to an aggregate term of one hundred eighty (180) to three hundred sixty (360) months' incarceration. This Court affirmed the judgment of sentence on October 28, 2013. See Commonwealth v. Beatty , 87 A.3d 895 (Pa.Super. 2013) (unpublished memorandum). Appellant did not seek further review.

On January 22, 2014, Appellant timely filed pro se his first PCRA petition, and the court appointed counsel, who filed a Turner / Finley2 letter and a motion to withdraw as counsel on February 27, 2014. On June 30, 2014, the court granted counsel's motion to withdraw and issued notice of its intent to dismiss the PCRA petition without a hearing, per Pa.R.Crim.P. 907. Appellant filed a premature pro se notice of appeal on July 21, 2014. On July 23, 2014, the court dismissed Appellant's first PCRA petition. Appellant pursued his appeal from the denial of his first PCRA petition.

Meanwhile, on September 8, 2014, Appellant filed a second PCRA petition, although the order denying his first petition was still on appeal. The PCRA court held Appellant's second petition in abeyance pending resolution of the appeal. This Court affirmed the denial of Appellant's first PCRA petition on December 1, 2015, and our Supreme Court denied allowance of appeal on May 3, 2016. See Commonwealth v. Beatty , 135 A.3d 648 (Pa.Super. 2015) (unpublished memorandum), appeal denied , 635 Pa. 768, 138 A.3d 1 (2016).

On July 14, 2016, Appellant filed a motion to "reinstate" his second PCRA petition, which the court had held in abeyance awaiting the outcome of the prior appeal. The court "reinstated" Appellant's second petition on July 22, 2016. After an initial evidentiary hearing on January 31, 2017, Appellant filed two amended PCRA petitions, adding new claims. The court then held two supplemental evidentiary hearings on June 8 and 23, 2017. On December 28, 2017, the court denied Appellant's second PCRA petition on the merits. Appellant filed a timely notice of appeal on January 22, 2018. On January 31, 2018, the court ordered Appellant to file a concise statement of errors complained of on appeal, per Pa.R.A.P. 1925(b) ; Appellant timely complied.

Appellant raises the following issues for our review:

WHETHER THE PCRA COURT ERRED AS A MATTER OF LAW OR ABUSED ITS DISCRETION WHEN THE PCRA COURT WOULD NOT PERMIT [APPELLANT] TO PRESENT EVIDENCE ON HIS SECOND PCRA PETITION, SPECIFICALLY THE COURT DENIED [APPELLANT THE OPPORTUNITY] TO ESTABLISH EVIDENCE REGARDING THE DISTRICT ATTORNEY BRIBING...VICTIM FOR HER TESTIMONY[?]
WHETHER THE PCRA COURT ERRED AS A MATTER OF LAW OR ABUSED ITS DISCRETION WHEN THE PCRA COURT WOULD NOT PERMIT [APPELLANT] TO PRESENT EVIDENCE ON HIS SECOND PCRA PETITION, SPECIFICALLY...TO ESTABLISH EVIDENCE REGARDING THE DISTRICT ATTORNEY KNOWING AT THE TIME OF TRIAL THAT...VICTIM HAD A DIAGNOSIS OF BEING INCAPABLE OF KNOWING THE DIFFERENCE BETWEEN TRUTH AND FANTASY[?]
WHETHER THE PCRA COURT ERRED AS A MATTER OF LAW OR ABUSED ITS DISCRETION WHEN THE PCRA COURT DETERMINED THAT...VICTIM'S RECANTATION OF THE CRIME WAS NOT CREDIBLE TO GRANT A NEW TRIAL[?]

(Appellant's Brief at 5).

Our standard of review of the denial of a PCRA petition is limited to examining whether the evidence of record supports the court's determination and whether its decision is free of legal error. Commonwealth v. Conway , 14 A.3d 101 (Pa.Super. 2011), appeal denied , 612 Pa. 687, 29 A.3d 795 (2011). This Court grants great deference to the findings of the PCRA court if the record contains any support for those findings. Commonwealth v. Boyd , 923 A.2d 513 (Pa.Super. 2007), appeal denied , 593 Pa. 754, 932 A.2d 74 (2007). We do not give the same deference, however, to the court's legal conclusions. Commonwealth v. Ford , 44 A.3d 1190 (Pa.Super. 2012). Traditionally, credibility issues are resolved by the trier of fact who had the opportunity to observe the witnesses' demeanor. Commonwealth v. Abu-Jamal , 553 Pa. 485, 720 A.2d 79 (1998), cert. denied , 528 U.S. 810, 120 S.Ct. 41, 145 L.Ed.2d 38 (1999). "A PCRA court passes on witness credibility at PCRA hearings, and its credibility determinations should be provided great deference by reviewing courts." Commonwealth v. Johnson , 600 Pa. 329, 356-357, 966 A.2d 523, 539 (2009).

Preliminarily, Pennsylvania law makes clear the trial court has no jurisdiction to consider a subsequent PCRA petition while an appeal from the denial of the petitioner's prior PCRA petition in the same case is still pending on appeal. Commonwealth v. Lark , 560 Pa. 487, 493, 746 A.2d 585, 588 (2000). See also Commonwealth v. Montgomery , 181 A.3d 359, 364 (Pa.Super. 2018) (en banc ), appeal denied , ––– Pa. ––––, 190 A.3d 1134 (2018) (reaffirming that Lark precludes consideration of subsequent PCRA petition while appeal of prior PCRA petition is still pending). A petitioner must choose either to appeal from the order denying his prior PCRA petition or to file a new PCRA petition; the petitioner cannot do both, i.e. , file an appeal and also file a PCRA petition, because "prevailing law requires that the subsequent petition must give way to a pending appeal from the order denying a prior petition." Commonwealth v. Zeigler , 148 A.3d 849, 852 (Pa.Super. 2016). In other words, a petitioner who files an appeal from an order denying his prior PCRA petition must withdraw the appeal before he can pursue a subsequent PCRA petition. Id. If the petitioner pursues the pending appeal, then the PCRA court is required under Lark to dismiss any subsequent PCRA petitions filed while that appeal is pending. Lark, supra .

Pennsylvania law also states unequivocally that no court has jurisdiction to place serial petitions in repose pending the outcome of an appeal in the same case. Id. See also Commonwealth v. Porter , 613 Pa. 510, 523, 35 A.3d 4, 12 (2012) (stating that holding serial petitions in abeyance pending appeal in same case perverts PCRA timeliness requirements and invites unwarranted delay in resolving cases, as well as strategic litigation abuses).

As an additional prefatory matter, the timeliness of any PCRA petition is a jurisdictional requisite. Zeigler, supra . No court has jurisdiction to review an untimely PCRA petition. Commonwealth v. Albrecht , 606 Pa. 64, 994 A.2d 1091 (2010). "Whether a court has subject matter jurisdiction is a question of law.... It is not waivable, even by consent, and may be raised by any party or by the court, sua sponte , at any stage of the proceeding." Commonwealth v. Hemingway , 13 A.3d 491, 496 (Pa.Super. 2011). "[E]ven where the PCRA court does not address the applicability of the PCRA timing mandate, this Court will consider the issue sua sponte , as it is a threshold question implicating our subject matter jurisdiction and ability to grant the requested relief." Commonwealth v. Whitney , 572 Pa. 468, 475-76, 817 A.2d 473, 478 (2003). Significantly,

[A] jurisdictional time limitation is not subject to equitable principles such as tolling except as provided by statute. Thus, the filing period is only extended as permitted; in the case of the PCRA, the time limitations are extended upon satisfaction of the exceptions found in § 9545(b)(1)(i)(iii) and timely filing pursuant to (b)(2). As it has been established that the PCRA's time restrictions are jurisdictional, we hold that the period for filing a PCRA petition is not subject to the doctrine of equitable tolling, save to the extent the doctrine is embraced by § 9545(b)(1)(i)(iii).

Commonwealth v. Fahy , 558 Pa. 313, 329, 737 A.2d 214, 222 (1999). In other words, "The PCRA's time limitations ‘are mandatory and interpreted literally; thus, a court has no authority to extend filing periods except as the statute permits.’ " Commonwealth v. Lee , 206 A.3d 1, 11, 2019 PA Super 64 *8 (filed March 1, 2019) (en banc ). See also Commonwealth v. Bennett , 593 Pa. 382, 388, 930 A.2d 1264, 1267 (2007) (stating same).

Any PCRA petition must be filed within one year of the date the underlying judgment becomes final. 42 Pa.C.S.A § 9545(b)(1). A judgment of sentence is deemed final "at the conclusion of direct review, including discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking the review." 42 Pa.C.S.A. § 9545(b)(3). If the petition is not filed within one year of that date, the petitioner must plead and prove that one of the three statutory exceptions to the time bar under 42 Pa.C.S. § 9545(b)(1) applies. Lark, supra at 493-94, 746 A.2d at 588.

The exceptions to the PCRA time-bar allow for very limited circumstances under which the late filing of a petition will be excused; to invoke an exception, a petition must allege and the petitioner must prove:

(i
...

To continue reading

Request your trial
71 cases
  • Commonwealth v. Burgess
    • United States
    • Pennsylvania Superior Court
    • 9 Noviembre 2022
    ...the evidence of record supports the court's determination and whether its decision is free of legal error." Commonwealth v. Beatty, 207 A.3d 957, 960-61 (Pa.Super. 2019), appeal denied, 655 Pa. 428, 218 A.3d 850 (2019). This Court grants great deference to the findings of the PCRA court if ......
  • Commonwealth v. Rankinen
    • United States
    • Pennsylvania Superior Court
    • 7 Diciembre 2021
    ...the evidence of record supports the court's determination and whether its decision is free of legal error." Commonwealth v. Beatty , 207 A.3d 957, 960-61 (Pa.Super. 2019), appeal denied , ––– Pa. ––––, 218 A.3d 850 (2019). This Court grants great deference to the factual findings of the PCR......
  • Hassel v. Franzi, 311 EDA 2018
    • United States
    • Pennsylvania Superior Court
    • 8 Abril 2019
    ... ... In considering Appellant's first claim, we are mindful that courts of this Commonwealth allow an expert witness the limited use of textual material on direct examination to explain the basis for that expert's reasoning. Aldridge v ... ...
  • Beatty v. Kauffman
    • United States
    • U.S. District Court — Western District of Pennsylvania
    • 12 Octubre 2021
    ...that the second PCRA petition was untimely and thus the PCRA court had no jurisdiction to address its merits. Commonwealth v. Beatty, 207 A.3d 957 (Pa. Super. 2019). Beatty filed a petition for allowance of appeal, which was denied by the Pennsylvania Supreme Court on October 16, 2019. Comm......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT