stating that “[t]hough not technically waivable, a legality of sentence claim may nevertheless be lost should it be raised ... in an untimely PCRA petition for which no time-bar exception applies, thus depriving the court of jurisdiction over the claim.” (brackets omitted)
How later courts described this case
- stating that “[t]hough not technically waivable, a legality of sentence claim may nevertheless be lost should it be raised ... in an untimely PCRA petition for which no time-bar exception applies, thus depriving the court of jurisdiction over the claim.” (brackets omitted)
- stating that the appellant did not address how his Miller claim “should be considered under the habeas corpus statute instead of under the PCRA[,] a concern that Chief Justice Castille did not resolve definitively[.]”
- explaining “[t]hough not technically waivable, a legality [of sentence] claim may nevertheless be lost should it be raised for the first time in an untimely PCRA petition for which no time-bar exception applies, thus depriving the court of jurisdiction over the claim[]”
- stating, “[t]hough not technically waivable, a legality [of sentence] claim may nevertheless be lost should it be raised … in an untimely PCRA petition for which no time-bar exception applies, thus depriving the court of jurisdiction over the claim[]”
Written by the judges who cited it.
The opinion
CONCURRING OPINION BY
STRASSBURGER, J:
I agree that the PCRA court’s May 1, 2012 order should be affirmed. I join the Majority’s analysis of all of Appellant’s issues with the exception of issue IV regarding Appellant’s petition for habeas corpus relief.
“[A] defendant cannot escape the PCRA time-bar by titling his petition or motion as a writ of habeas corpus.” Commonwealth v. Taylor, 65 A.3d 462, 466 (Pa.Super.2013). “Issues that are cognizable under the PCRA must be raised in a timely PCRA petition and cannot be raised in a habeas corpus petition.” Id. Because Appellant’s claims may be addressed under the PCRA, see 42 Pa.C.S. § 9543(a)(2)© (providing that PCRA relief is available for convictions resulting from constitutional violations), the PCRA court properly dismissed Appellant’s habeas corpus petition as an untimely PCRA petition.