section 9545 two requirements in Pennsylvania

2021With regard to subsection (iii) and constitutional rights, the Supreme Court in Commonwealth v. Abdul-Salaam, 812 A.2d 497 (Pa. 2002), explained: Subsection (iii) of Section 9545 has two requirements.

2020In Commonwealth v. Abdul-Salaam, 571 Pa. 219 , 812 A.2d 497 (2002), our Supreme Court held that, [s]ubsection (iii) of Section 9545 has two requirements.

2020To the extent Appellant relies on Alleyne as an exception to the PCRA time bar, we note that the new constitutional right exception under Section 9545(b)(1)(iii) has two requirements: (1) “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 provided in this section,” and (2) “the right ‘has been held’ by ‘that court’ to apply retroactively.” Miller, 102 A.3d at 994 (citation omitted and formatting altered).

2017See Commonwealth v. Miller, 102 A.3d 988, 994 (Pa. Super. 2004) (noting Section 9545 (b)(1)(iii) has two requirements: (1) a constitutional right must be recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time provided in this section and (2) “the right has been held by that court to apply retroactively”).

2016First, it provides that the right asserted is a constitutional right ____________________________________________ 3 We briefly note that Appellant’s reliance on this Court’s decisions in Commonwealth v. Michuk, 686 A.2d 403, 407 (Pa. Super. 1996), appeal denied, 698 A.2d 593 (Pa. 1997) (vacating conviction under Motor Vehicle Code because, during pendency of direct appeal, Pennsylvania Supreme Court struck down subsection of Code under which defendant was convicted) and Commonwealth v. Muhammed, 992 A.2d 897, 903 (Pa. Super. 2010) (reversing conviction for trademark counterfeiting because Penn

2016First, it provides that the right asserted is a constitutional right ____________________________________________ 3 We briefly note that Appellant’s reliance on this Court’s decisions in Commonwealth v. Michuk, 686 A.2d 403, 407 (Pa. Super. 1996), appeal denied, 698 A.2d 593 (Pa. 1997) (vacating conviction under Motor Vehicle Code because, during pendency of direct appeal, Pennsylvania Supreme Court struck down subsection of Code under which defendant was convicted) and Commonwealth v. Muhammed, 992 A.2d 897, 903 (Pa. Super. 2010) (reversing conviction for trademark counterfeiting because Penn

2016First, it provides that the right asserted is a constitutional right ____________________________________________ 3 We briefly note that Appellant’s reliance on this Court’s decisions in Commonwealth v. Michuk, 686 A.2d 403, 407 (Pa. Super. 1996), appeal denied, 698 A.2d 593 (Pa. 1997) (vacating conviction under Motor Vehicle Code because, during pendency of direct appeal, Pennsylvania Supreme Court struck down subsection of Code under which defendant was convicted) and Commonwealth v. Muhammed, 992 A.2d 897, 903 (Pa. Super. 2010) (reversing conviction for trademark counterfeiting because Penn

2016First, it provides that the right asserted is a constitutional right ____________________________________________ 3 We briefly note that Appellant’s reliance on this Court’s decisions in Commonwealth v. Michuk, 686 A.2d 403, 407 (Pa. Super. 1996), appeal denied, 698 A.2d 593 (Pa. 1997) (vacating conviction under Motor Vehicle Code because, during pendency of direct appeal, Pennsylvania Supreme Court struck down subsection of Code under which defendant was convicted) and Commonwealth v. Muhammed, 992 A.2d 897, 903 (Pa. Super. 2010) (reversing conviction for trademark counterfeiting because Penn

2023Whereas the Opinion in Support 19 Id. at 1271-72. 20 Id. at 1271. 21 204 A.3d 326 (Pa. 2018). 22 Id. at 341 (OISR). 23 Id. at 342-43 (OISR) (observing that the issue of whether there was a connection between the emails and Robinson’s case was a question that went to the merits of the underlying claim, not to the timeliness of the petition). [J-87-2022] [MO: Brobson, J.] - 6 of Affirmance (“OISA”) in Robinson attempted to conflate the PCRA’s distinct provisions (akin to what today’s Majority does), asserting that “the mere existence [of the emails] does not demonstrate the fact of bias,” the Ro

2023Whereas the Opinion in Support 19 Id. at 1271-72. 20 Id. at 1271. 21 204 A.3d 326 (Pa. 2018). 22 Id. at 341 (OISR). 23 Id. at 342-43 (OISR) (observing that the issue of whether there was a connection between the emails and Robinson’s case was a question that went to the merits of the underlying claim, not to the timeliness of the petition). [J-87-2022] [MO: Brobson, J.] - 6 of Affirmance (“OISA”) in Robinson attempted to conflate the PCRA’s distinct provisions (akin to what today’s Majority does), asserting that “the mere existence [of the emails] does not demonstrate the fact of bias,” the Ro

2021See Commonwealth v. Burton, 158 A.3d 618, 638 (Pa. 2017). 4 Our Supreme Court has set forth a two-part test to determine the applicability of 42 Pa.C.S.A. § 9545(b)(1)(iii) to a new decision: Subsection (iii) of Section 9545 has two requirements.

2019See 42 Pa.C.S. § 9545(b)(2).3 In Commonwealth v. Murphy, 180 A.3d 402, 405-06 (Pa. Super. 2018), appeal denied, 195 A.3d 559 (Pa. 2018), this Court explained that [s]ubsection (iii) of Section 9545 has two requirements.

2019See 42 Pa.C.S. § 9545(b)(2).3 In Commonwealth v. Murphy, 180 A.3d 402, 405-06 (Pa. Super. 2018), appeal denied, 195 A.3d 559 (Pa. 2018), this Court explained that [s]ubsection (iii) of Section 9545 has two requirements.

2015See Copenhefer, 941 A.2d at 649-650 (“Subsection (iii) of Section 9545(b)(1) has two requirements.