Commonwealth v. Hipps
Decision Date | 29 April 2022 |
Docket Number | 603 WDA 2021 |
Citation | 274 A.3d 1263 |
Parties | COMMONWEALTH of Pennsylvania, Appellant v. Davaughn HIPPS |
Court | Pennsylvania Superior Court |
Keaton Carr, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.
Corrie A. Woods, Moon Township, for appellee.
Matthew B. Goddard, Moon Township, for appellee.
BEFORE: BENDER, P.J.E., LAZARUS, J., and McCAFFERY, J.
Appellant, the Commonwealth, appeals from the post-conviction court's May 18, 2021 order granting Davaughn Hipps’ ("Hipps") second, untimely petition filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541 - 9546, and permitting Hipps to file a new, first PCRA petition on the basis that his initial post-conviction counsel acted ineffectively. After careful review, we reverse.
The facts underlying Hipps’ criminal convictions are not germane to the issues raised by the Commonwealth herein. We need only discuss the procedural history of Hipps’ case, which the PCRA court summarized, as follows:
PCRA Court Opinion ("PCO"), 7/26/21, at 1-5 ( ). The PCRA court filed its Rule 1925(a) opinion on July 26, 2021.
Herein, the Commonwealth states one issue for our review:
I. Whether the PCRA court erred by failing to conclude that [Hipps’] second PCRA petition was time[-]barred and without exception where the second PCRA petition was filed beyond the PCRA's one[-]year time limit but where, nevertheless, the PCRA court "reinstated nunc pro tunc " [Hipps’] right to file an "initial petition for relief" after the PCRA court summarily concluded that [Hipps’] first PCRA counsel was ineffective in representing [Hipps] without requiring [Hipps’] second PCRA petition to plead and prove all three prongs of an ineffectiveness claim in regards to first PCRA counsel's representation of [Hipps], particularly, where the PCRA court specifically declined to find that first PCRA counsel was ineffective per se in representing [Hipps]?
Commonwealth's Brief at 5 ( ).
Preliminarily, we note that this Court's standard of review of a PCRA court order is whether the determination of the PCRA court is supported by the evidence of record and is free of legal error. Commonwealth v. Ragan , 592 Pa. 217, 923 A.2d 1169, 1170 (2007).
The Commonwealth first contends that Hipps’ "second PCRA petition was untimely filed and [he] failed to prove an exception to the PCRA's time-bar." Commonwealth's Brief at 16. The PCRA time limitations implicate our jurisdiction and may not be altered or disregarded in order to address the merits of a petition. See Commonwealth v. Bennett , 593 Pa. 382, 930 A.2d 1264, 1267 (2007). Under the PCRA, any petition for post-conviction relief, including a second or subsequent one, must be filed within one year of the date the judgment of sentence becomes final, unless one of the following exceptions set forth in 42 Pa.C.S. § 9545(b)(1)(i)-(iii) applies:
42 Pa.C.S. § 9545(b)(1)(i)-(iii). Additionally, section 9545(b)(2) requires that any petition attempting to invoke one of these exceptions "be filed within one year of the date the claim could have been...
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