· 12/30/2015
Com. v. Ruiz, J., Jr.
Citations
- 131 A.3d 54
- 2015 Pa. Super. 275
- 2015 Pa. Super. LEXIS 865
- 2015 WL 9632089
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that petitioners can raise an Alleyne claim in a timely PCRA petition where the petitioner’s direct appeal was still pending when Alleyne was decided
- holding that Alleyne does not invalidate mandatory minimum sentence when claim was presented in an untimely PCRA petition
- holding that petitioner serving a mandatory minimum sentence who filed a timely PCRA petition when his judgment of sentence was not final at the time Alleyne was decided, was entitled to a new sentence
- holding PCRA petitioner may be entitled to relief where his petition is timely filed and his judgment of sentence had not yet become final
- noting that Newman did not invalidate a mandatory minimum sentence presented in an untimely PCRA petition
- stating that “Alleyne does not invalidate a mandatory minimum sentence when presented in an untimely PCRA petition”
Source: CourtListener parenthetical corpus (CC0).
Judges: Donohue, Ott, Musmanno
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.