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Commonwealth of Pennsylvania v. Terry Simonton, Jr.
Date: 02-09-2025
Case Number: CP-38-CR-0002014-2006
Judge: Not Available
Court: Court of Common Pleas, Lebanon County, Pennsylvania
Plaintiff's Attorney: Lebanon County, Pennsylvania
Defendant's Attorney:
Click Here For The Best Lebanon Criminal Defense Lawyer Directory
Click Here For The Best Lebanon Criminal Defense Lawyer Directory
Description:
Lebanon, Pennsylvania criminal defense lawyer represented the Defendant seeking postconviction relief.
On October 24, 2007, the trial court sentenced Appellant to an aggregate term of 8 to 22 years' incarceration for his conviction of Rape and related charges arising from Appellant's sexual abuse of his then-13-year-old stepson.
* * *
Legal issue Is an untimely post-conviction relief petition eligible for review if it fails to plead and prove an exception to the time-bar?
Headnote
CRIMINAL PROCEDURE. POST CONVICTION RELIEF ACT (PCRA) PETITION TIMELINESS. The case addresses whether an appellant, filing a fifth PCRA petition more than a decade after the sentence became final, could plead and prove exceptions to the PCRA's one-year time-bar, necessary for the court to assume jurisdiction and review the petition.
CRIMINAL PROCEDURE. JURISDICTION. The court examined its jurisdiction constraints concerning the untimely filed PCRA petitions and emphasized that without successful invocation of timeliness exceptions specified under 42 Pa.C.S. § 9545, courts are precluded from addressing the merits of such petitions.
Key Phrases Post Conviction Relief Act. PCRA time-bar. Ineffective assistance of counsel. Brady violation. Timeliness exception.
On October 24, 2007, the trial court sentenced Appellant to an aggregate term of 8 to 22 years' incarceration for his conviction of Rape and related charges arising from Appellant's sexual abuse of his then-13-year-old stepson.
* * *
Legal issue Is an untimely post-conviction relief petition eligible for review if it fails to plead and prove an exception to the time-bar?
Headnote
CRIMINAL PROCEDURE. POST CONVICTION RELIEF ACT (PCRA) PETITION TIMELINESS. The case addresses whether an appellant, filing a fifth PCRA petition more than a decade after the sentence became final, could plead and prove exceptions to the PCRA's one-year time-bar, necessary for the court to assume jurisdiction and review the petition.
CRIMINAL PROCEDURE. JURISDICTION. The court examined its jurisdiction constraints concerning the untimely filed PCRA petitions and emphasized that without successful invocation of timeliness exceptions specified under 42 Pa.C.S. § 9545, courts are precluded from addressing the merits of such petitions.
Key Phrases Post Conviction Relief Act. PCRA time-bar. Ineffective assistance of counsel. Brady violation. Timeliness exception.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Commonwealth of Pennsylvania v. Terry Simonton, Jr.?
The outcome was: Affirmed
Which court heard Commonwealth of Pennsylvania v. Terry Simonton, Jr.?
This case was heard in Court of Common Pleas, Lebanon County, Pennsylvania, PA. The presiding judge was Not Available.
Who were the attorneys in Commonwealth of Pennsylvania v. Terry Simonton, Jr.?
Plaintiff's attorney: Lebanon County, Pennsylvania. Defendant's attorney: Click Here For The Best Lebanon Criminal Defense Lawyer Directory.
When was Commonwealth of Pennsylvania v. Terry Simonton, Jr. decided?
This case was decided on February 9, 2025.