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· 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 CourtListener

Sourced 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.