Commonwealth v. Ragan, 923 A.2d 1169 (Pa. 2007). · Go Syfert
Commonwealth v. Ragan, 923 A.2d 1169 (Pa. 2007). Cases Citing This Book View Copy Cite
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The standard of review for an order denying a petition under the PCRA is whether the determination of the lower court is supported by the record and free of legal error.

A death-row inmate filed a second petition under the Post Conviction Relief Act, arguing that his death sentence was invalid because the sole aggravating circumstance relied upon was a prior murder conviction tainted by alleged constitutional violations. The PCRA court dismissed the petition, noting it was wholly dependent on a separate, unsuccessful petition challenging that prior conviction. The Supreme Court of Pennsylvania reviews the denial of PCRA relief to determine if the lower court's findings are supported by the record and free of legal error. Because the prior conviction was finally adjudicated and the claims regarding it were meritless, the court held the inmate was precluded from relying on those claims to challenge his current sentence. The court affirmed the dismissal.

416 citation events (416 in the last 25 years) across 2 distinct courts.
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Cited for
923 A.2d at 1170 Standard of review for denying PCRA petitions359 citing casesstating that this Court’s standard of review regarding an order denying a petition under the PCRA is whether the determination of the PCRA court is supported by the evidence of record and is free of legal error3 citing courts put it this way · 199 listed here
  • Com. v. Cox, K., No. 352 EDA 2025 (Pa. Super. Ct. Jan. 6, 2026).unpublished
    (On appeal from the denial of PCRA relief, our standard of review is whether the findings of the PCRA court are supported by the record and free of legal error.)
  • Com. v. Duncan, D., No. 2080 EDA 2020 (Pa. Super. Ct. Sept. 1, 2021).unpublished
    (This Court’s standard of review regarding an order denying a petition under the PCRA is whether the determination of the PCRA court is supported by the evidence of record and is free of legal error.)
  • Com. v. Ruiz, D., No. 336 WDA 2026 (Pa. Super. Ct. Sept. 28, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
  • Com. v. Derk, S., No. 1245 MDA 2025 (Pa. Super. Ct. Sept. 1, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
  • Com. v. Moore, J., No. 790 MDA 2025 (Pa. Super. Ct. Aug. 25, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
  • Com. v. Mbewe, C., No. 1301 WDA 2025 (Pa. Super. Ct. June 15, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
  • Com. v. Lyons, R., No. 1099 WDA 2025 (Pa. Super. Ct. June 9, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
  • Com. v. Casanova-Lanzo, M., No. 1448 MDA 2025 (Pa. Super. Ct. June 5, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
  • Com. v. Murphy, A., No. 512 EDA 2025 (Pa. Super. Ct. Apr. 2, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
  • Com. v. Joseph, C., No. 1220 MDA 2025 (Pa. Super. Ct. Apr. 2, 2026).unpublished
    Commonwealth v. Ragan, 923 A.2d 1169, 1170 (Pa. 2007).
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COMMONWEALTH of Pennsylvania, Appellee,
v.
Derrick RAGAN, Appellant
408 CAP.
Supreme Court of Pennsylvania.
May 31, 2007.
Published opinion
923 A.2d 1169
2007 Pa. LEXIS 1191
Michael Wiseman, Esq., Philadelphia, for Derrick Ragan., Amy Zapp, Esq., PA Office of Attorney General, Hugh J. Burns, Jr., Esq., Philadelphia District Attorney’s Office, for Commonwealth of Pennsylvania.
Eakin.
Cited by 353 opinions  |  Published
Pinpoint authority: bottom 81%
Citer courts: Superior Court of Pennsylvania (2)

OPINION

Justice EAKIN.

This is an appeal from the denial of appellant’s second petition under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. For the following reasons, we affirm.

On the day of this murder, Darren Brown was pursuing persons who assailed his brother. When he encountered appellant on a set of stairs, appellant drew a pistol and shot Brown in the chest; after Brown collapsed, appellant fired 12 more shots into Brown’s body.

A jury convicted appellant of first degree murder, possessing instruments of crime, and recklessly endangering another person. The jury found one aggravating circumstance-that appellant had previously been convicted of the first degree murder of Anthony Thomas. [1] See 42 Pa.C.S. § 9711(d)(10). The jury found two mitigating circumstances-appellant’s age at the time of the crime, see id., § 9711(e)(4), and his family environment. See id., § 9711(e)(8). Appellant was sentenced to death October 2, 1991, after the jury found the aggravating circumstance outweighed the mitigating circumstances. This Court affirmed July 29, 1994. See Commonwealth v. Ragan, 538 Pa. 2, 645 A.2d 811 (1994). Appellant did not seek certiorari from the United States Supreme Court.

[*219] Appellant filed his first PCRA petition and was denied relief. We affirmed the PCRA court’s findings December 22, 1999. See Commonwealth v. Ragan, 560 Pa. 106, 743 A.2d 390 (1999). In February, 2000, appellant began federal habeas corpus proceedings. In the course of discovery for that action, appellant’s attorney received discovery materials containing witness statements from the Thomas trial, which allegedly had never been turned over to appellant’s trial counsel in the Thomas case. Based upon the allegations that these materials resulted in Brady [2] violations by the Commonwealth, the federal habeas proceedings were suspended to allow appellant the opportunity to seek state court remedies.

Appellant filed a PCRA petition challenging his conviction in the Thomas case on the basis that after-discovered evidence comprised Brady violations, [3] and on October 15, 2001, also filed the instant petition challenging his sentence for the Brown murder, arguing the aggravating circumstance under § 9711(d)(10) could not sustain his death sentence due to the alleged Brady violations and defects in his conviction in the Thomas murder.

The PCRA court noted the petition here was premised on the assumption the PCRA court would grant relief in the Thomas PCRA petition. See PCRA Court Opinion, 9/24/03, at 11. The Thomas PCRA petition was dismissed after the PCRA court determined the witness statements were in fact turned over to defense counsel prior to trial. Here, the PCRA court noted if relief was granted in the Thomas PCRA petition, it may have had an effect on the aggravating circumstance leading to appellant’s death sentence in this case, but because relief was denied in the Thomas case, the court denied relief in the instant case as well. [4] Id. The PCRA court[*220] dismissed both petitions, determining they were untimely filed. The instant petition is independent from the Thomas case and deals solely with the Brown murder.

“On appeal from the denial of PCRA relief, our standard of review is whether the findings of the PCRA court are supported by the record and free of legal error.” Commonwealth v. Abu-Jamal, 574 Pa. 724, 833 A.2d 719, 723 (2003) (citing Commonwealth v. Breakiron, 566 Pa. 323, 781 A.2d 94, 97 n. 4 (2001)). We must determine whether the PCRA court properly denied relief, dismissing appellant’s petition.

A petitioner has one year from the date a judgment of sentence becomes final to file a second or subsequent PCRA petition. 42 Pa.C.S. § 9545(b)(1). The one-year time-bar may be overcome if the petitioner proves one of the following:

(1) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or laws of this Commonwealth or the Constitution or laws of the United States;
(ii) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.

Id., § 9545(b)(l)(i), (ii), (iii). A petition based upon one of these exceptions must be filed within 60 days of the date the claim could have been presented. Id., § 9545(b)(2).

The Commonwealth argues appellant’s appeal should be quashed because his “brief is devoted entirely to an attack on the propriety of his conviction in [the Thomas] case, and requests relief ... that is unavailable on collateral review from the judgment entered in the [instant] capital case.” Commonwealth’s Brief, at 15. Additionally, the Commonwealth asserts appellant is barred from challenging the Thom[*221] as conviction under both the previously litigated bar and the collateral estoppel bar. Id., at 16. Finally, the Commonwealth argues even if appellant’s petition is not barred by these doctrines, it was untimely filed and does not meet any of the exceptions set forth in § 9545(b). Id., at 19-20.

Appellant asserts the sole aggravating factor found by the jury, which resulted in his death sentence, was obtained in violation of his constitutional rights; therefore, his death sentence cannot stand. Appellant’s Brief, at 16-17. Appellant asserts that because his conviction in the Thomas case was unconstitutional, he is not collaterally estopped from challenging his death sentence based on his Thomas conviction. Appellant’s Reply Brief, at 1, 3.

The instant petition is wholly dependent on appellant’s unsuccessful PCRA challenge in the Thomas case. The PCRA court did not err in determining the dismissal of the Thomas PCRA petition was fatal to this instant petition. Moreover, the Thomas case has been finally adjudicated, and the after-discovered evidence claims raised in the Thomas PCRA petition were meritless; appellant is precluded from relying on those meritless claims as a basis for relief in the instant case. Having found appellant is not entitled to relief, we affirm the order of the PCRA court and direct the Prothonotary of this Court to transmit the complete record of this case to the Governor of Pennsylvania. See 42 Pa.C.S. § 9711(i).

Order affirmed. Jurisdiction relinquished.

Chief Justice CAPPY, and Justice CASTILLE, SAYLOR and BAER, Justice BALDWIN and Justice FITZGERALD join the opinion.
1

. Commonwealth v. Ragan, 539 Pa. 648, 651 A.2d 536 (1994) (hereinafter referred to as the Thomas case).

2

. Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

3

. This was appellant’s second PCRA petition in the Thomas case.

4

. Since the time the instant PCRA petition was filed, the second Thomas PCRA petition has been finally adjudicated. The Superior Court affirmed the dismissal of the second Thomas PCRA petition. See Commonwealth v. Ragan, 881 A.2d 888 (Pa.Super.2005). On March 15, 2006, this Court denied review. See Commonwealth v. Ragan, 587 Pa. 690, 897 A.2d 455 (2006).