The opinion
J-S51027-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JOSHUA BROWN
Appellant No. 1481 EDA 2014
Appeal from the PCRA Order April 11, 2014
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0611381-2003
*****
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
DONNELL THOMAS
Appellant No. 1491 EDA 2014
Appeal from the PCRA Order April 11, 2014
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0910121-2002
*****
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JAMAL THOMAS
Appellant No. 1501 EDA 2014
J-S51027-15
Appeal from the PCRA Order April 11, 2014
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-1108481-2002
*****
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
WILLIAM LINCOLN
Appellant No. 1541 EDA 2014
Appeal from the PCRA Order April 11, 2014
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-1212651-2001
BEFORE: GANTMAN, P.J., LAZARUS, J., and PLATT, J.*
MEMORANDUM BY LAZARUS, J.: FILED NOVEMBER 16, 2015
Joshua Brown, Donnell Thomas, Jamal Thomas, and William Lincoln
appeal from separate orders,1 entered in the Court of Common Pleas of
Philadelphia County, which denied their individual petitions filed pursuant to
the Post Conviction Relief Act (PCRA).2
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
1
Each of the Appellants filed a separate appeal, all of which have been
consolidated with Joshua Brown’s appeal at 1481 EDA 2014.
2
42 Pa.C.S. §§ 9541-9546.
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Former Philadelphia Police Officer Jeffrey Walker arrested each of the
Appellants based upon unrelated incidents.
Brown was arrested and charged with possession with intent to deliver
a controlled substance (PWID)3 and criminal conspiracy4 on February 4,
2003. Brown was convicted after a non-jury trial and was sentenced on
December 8, 2003, to two to four years’ incarceration.5
Donnell Thomas was charged with PWID after his arrest on September
11, 2002. He was convicted after a non-jury trial on August 30, 2006, was
sentenced to four to eight years’ incarceration, and is no longer in custody.
Jamal Thomas was charged with PWID after his arrest on July 11,
2002. He pled guilty on May 7, 2003, and was sentenced to a maximum
sentence of one year of incarceration followed by two years of probation.
His probation was terminated August 2, 2006.
Lincoln was arrested and charged with PWID on December 13, 2001.
Lincoln pled guilty and was sentenced on March 12, 2002, to 15 to 30
____________________________________________
3
35 P.S. § 780-113.
4
18 Pa.C.S. § 903.
5
The notice of appeal in Brown’s case erroneously references another
individual, stating he is in custody. Nothing in the record indicates Brown is
in custody, and according to the criminal docket in his case, his sentence
was completed no later than December 8, 2007. See Criminal Docket,
Number CP-51-CR-0611381-2003.
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months’ incarceration followed by one year of probation. Lincoln’s probation
was terminated May 5, 2009.
On May 22, 2013, former Officer Walker was arrested and charged
with police corruption and misconduct. The charges were based upon
allegations that he planted drugs in order to arrest drug dealers, robbed
drug dealers of drugs and money, and misreported the amount of drugs and
money he confiscated. On July 16, 2013, Appellants filed PCRA petitions,
asserting that each is entitled to a new trial based upon after-discovered
evidence, since Walker was involved in their arrests.
On February 28, 2014, the PCRA court issued a notice in each of the
Appellants’ cases stating its intention to dismiss the PCRA petitions pursuant
to Pa.R.Crim.P. 907. Appellants filed responses on March 20, 2014. The
PCRA court determined that no relief was due and dismissed the petitions
without a hearing on April 11, 2014. Appellants filed timely notices of
appeal and court-ordered concise statements of errors complained of on
appeal.
Appellants raise the following issues for our review:
[1.] Whether the PCRA statute is unconstitutional because under
Article 1, Section 14 of the Pennsylvania Constitution, which
provides that “the privilege of the writ of habeas corpus shall not
be suspended,” [habeas corpus] is effectively suspended for the
Appellants in this case?
[2.] Whether the PCRA statute is unconstitutional under the 4 th
and 14th Amendments of the U.S. Constitution and Article 1,
Section 14 of the Pennsylvania Constitution because it denies
Appellants the ability to bring a civil rights action for malicious
prosecution under 42 U.S.C. § 1983?
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[3.] Whether the trial court erred in dismissing Appellants’ PCRA
petition as barred [under] 42 Pa.C.S. § 9543 because Appellants
are no longer serving their sentences as held by the
Pennsylvania Supreme Court in Commonwealth v. Ahlborn,
548 Pa. 544 (1997)?
[4.] Whether the Pennsylvania Supreme Court’s decision in
Commonwealth v. Ahlborn, 548 Pa. 544 (1997), as applied to
Appellants, violates the 4th and 14th Amendments of the U.S.
Constitution because it denies Appellants the ability to bring a
civil rights action for malicious prosecution under 42 U.S.C. §
1983?
[5.] Whether the trial court erred in failing to allow Appellants to
present evidence and testimony regarding their actual
innocence?
[6.] Whether the trial court erred in holding Appellants lacked
jurisdiction to challenge their convictions in a PCRA hearing
where Appellants can allege severe civil and social consequences
resulting from their wrongful conviction?
[7.] Whether the trial court erred in holding Appellants lacked
standing to challenge their convictions in a PCRA hearing where
Appellants can allege severe civil and social consequences
resulting from their wrongful conviction?
[8.] Whether the trial court erred in dismissing Appellants’ PCRA
petition without having any evidence entered into the record
regarding the police officers involved, including former Police
Officer Jeffrey Walker, and the circumstances surrounding
Appellants’ arrest and conviction?
Brief for Appellants, at viii-x.
Before we may address the issues raised, we must first determine
whether Appellants are eligible for relief pursuant to the PCRA. Eligibility for
relief under the PCRA is governed by 42 Pa.C.S. § 9543, which provides in
pertinent part:
(a) General rule.-- To be eligible for relief under this
subchapter, the petitioner must plead and prove by a
preponderance of the evidence all of the following:
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(1) That the petitioner has been convicted of a crime
under the laws of this Commonwealth and is at the
time relief is granted:
(i) Currently serving a sentence of
imprisonment, probation or parole for the
crime;
(ii) Awaiting execution of a sentence of death for the
crime; or
(iii) Serving a sentence which must expire before the
person may commence serving the disputed
sentence.
42 Pa.C.S. § 9543(a) (emphasis added). Indeed, “[e]ligibility for relief
under the PCRA is dependent upon the petitioner currently serving a
sentence of imprisonment, probation, or parole for the crime.”
Commonwealth v. Turner, 80 A.3d 754, 761-62 (Pa. 2013). Stated
another way, “the denial of relief for a petitioner who has finished serving
his sentence is required by the plain language of the statute.”
Commonwealth v. Ahlborn, 699 A.2d 718, 720 (Pa. 1997).
Instantly, the record reveals that none of the Appellants was
incarcerated, on probation, or on parole for the crimes in which former
officer Walker was involved in the arrest. It is inconsequential that
Appellants raise issues based upon their constitutional rights, since “the
constitutional nature of a collateral claim does not overcome the legislature’s
restrictions on collateral review.” Turner, 80 A.3d at 767. Thus, Appellants
are entitled to no relief pursuant to the PCRA. Turner, supra; Ahlborn,
supra.
Orders affirmed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/16/2015
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