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Commonwealth v. Burton

Citations

  • 936 A.2d 521
  • 2007 Pa. Super. 319
  • 2007 Pa. Super. LEXIS 3544

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “exceptions to the time bar must be pled in the PCRA petition, and may not be raised for the first time on appeal”
  • recognizing that “there is no ‘miscarriage of justice’ standard exception to the time requirements of the PCRA.”
  • concluding that this Court lacked jurisdiction to review any claims in an untimely petition that did not set forth any exceptions to the time bar, despite raising them on appeal
  • holding that the appellant’s attempt to invoke the government interference exception to the PCRA time-bar based upon a letter he received from an assistant district attorney was “tardy” and did not warrant relief because he received the letter 15 years prior
  • stating that “the courts of Pennsylvania will only entertain a ‘miscarriage of justice’ claim when the initial timeliness requirement is met.”
  • stating that exceptions to the time-bar must be pled in the petition and may not be raised for the first time on appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Panella, Popovich

Read full opinion on CourtListener

Cited by

9 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

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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.