(DOWNLOAD) "Commonwealth V. Robinson" by In the Supreme Court of Pennsylvania Eastern District " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth V. Robinson
- Author : In the Supreme Court of Pennsylvania Eastern District
- Release Date : January 22, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In the past several years, this Court has weighed in upon the validity of various theories devised to avoid the effects of the one-year time limitation which was adopted as part of the 1995 amendments to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. See, e.g., Commonwealth v. Baroni, 827 A.2d 419 (Pa. 2003) (claim of structural error does not surmount PCRA time limitation); Commonwealth v. Rienzi, 827 A.2d 369 (Pa. 2003) (Superior Court erred in attempting to circumvent PCRA time-bar by treating untimely, second PCRA petition as if it were amendment to timely but withdrawn first petition); Commonwealth v. Eller, 807 A.2d 838 (Pa. 2002) (PCRA petitioner cannot pursue reinstatement of direct appeal rights nunc pro tunc outside framework of PCRA; disapproving of Superior Court decisions holding to contrary on basis of misplaced retroactivity analysis); Commonwealth v. Hall, 771 A.2d 1232 (Pa. 2001) (PCRA petitioner cannot pursue reinstatement of direct appeal rights nunc pro tunc outside framework of PCRA); Commonwealth v. Murray, 753 A.2d 201, 202 (Pa. 2000) (rejecting claim that applicability of PCRA's time-bar depends on nature of constitutional violations alleged in petition; "given the fact that the PCRA's timeliness requirements are mandatory and jurisdictional in nature, no court may properly disregard or alter them in order to reach the merits of the claims raised in a PCRA petition that is filed in an untimely manner"); Commonwealth v. Fahy, 737 A.2d 214, 222 (Pa. 1999) (PCRA "jurisdictional time limitation is not subject to equitable principles such as tolling").