PCRA petition without hearing in Pennsylvania

2023“The PCRA court’s findings will not be disturbed unless there is no support for the findings in the certified record.” Id. (citation omitted). “[A] PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Brown, 161 A.3d 960, 964 (Pa. Super. 2017) (citations omitted). -6- J-S04034-23 basis for his action or inaction; and (3) the petit

2023“The standard of review of an order dismissing a PCRA petition is whether that determination is supported by the evidence of record and is free of legal error.” Commonwealth v. Weimer, 167 A.3d 78, 81 (Pa. Super. 2017). “[A] PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Brown, 161 A.3d 960, 964 (Pa. Super. 2017) (citations

2023See Commonwealth v. Midgley, ___ A.3d ___, 2023 WL 1793570 *3 (Pa. Super. 2023) (“Where the trial court docket in a criminal case does not indicate service on a party or the date of service … we will treat the time in which to take an appeal as never having started to run and treat the appeal as timely); see also Commonwealth v. Stansbury, 219 A.3d 157, 160 (Pa. Super. 2019) (“[I]t has long been the law of this Commonwealth that the failure to file a timely appeal as a result of a breakdown in the court system is an exception to that general rule.” (citation omitted)).

2023Further, “[i]t is an appellant’s burden to persuade us that the PCRA court erred and that relief is due.” Commonwealth v. Stansbury, 219 A.3d 157, 161 (Pa. Super. 2019) (internal quotation marks omitted). -4- J-S39024-22 Counsel is presumed to be effective, and a PCRA petitioner bears the burden of proving otherwise.

2023“The PCRA court’s findings will not be disturbed unless there is no support for the findings in the certified record.” Id. (citation omitted). “[A] PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Brown, 161 A.3d 960, 964 (Pa. Super. 2017) (citations omitted). -6- J-S04034-23 basis for his action or inaction; and (3) the petit

2023“The standard of review of an order dismissing a PCRA petition is whether that determination is supported by the evidence of record and is free of legal error.” Commonwealth v. Weimer, 167 A.3d 78, 81 (Pa. Super. 2017). “[A] PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Brown, 161 A.3d 960, 964 (Pa. Super. 2017) (citations

2018“Certainly, the issue cannot be deemed patently frivolous and without any support in the record or from other evidence, which is the standard for dismissing a PCRA petition without a hearing.” Walls, 993 A.2d at 299 .

2012See, e.g., Walls, 993 A.2d at 299 ("Certainly, the issue cannot be deemed patently frivolous and without any support in the record or from other evidence, which is the standard for dismissing a PCRA petition without a hearing.").

2020Further, “a PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Brown, 161 A.3d 960, 964 (Pa. Super. 2017) (citations omitted). “[A]s to ineffectiveness claims in particular, if the record reflects that the underlying issue is of no arguable merit or no prejudice resulted, no evidentiary hearing is required.” Commonwealth v. Baum

2020Further, “a PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Brown, 161 A.3d 960, 964 (Pa. Super. 2017) (citations omitted). “[A]s to ineffectiveness claims in particular, if the record reflects that the underlying issue is of no arguable merit or no prejudice resulted, no evidentiary hearing is required.” Commonwealth v. Baum

2018He also claimed that Mr. Love would testify2 that PA Cure had “a total of only $1,449.97 deposited in its checking account.”3 There is no absolute right to an evidentiary hearing, and a PCRA court has discretion to deny a PCRA petition without a hearing “if the PCRA court determines that the petitioner’s claim is patently frivolous and is without a trace of support in either the record or from other evidence.” Commonwealth v. Hart, 911 A.2d 939, 941 (Pa.Super. 2006) (citation omitted).

2018See Commonwealth v. Simpson, 66 A.3d 253, 265 (Pa. 2013) (concluding that the petitioner’s Brady claim pertaining to the victim’s criminal history lacked merit because, inter alia, the petitioner was aware of it). -8- J-S27044-18 There is no absolute right to an evidentiary hearing, and a PCRA court has discretion to deny a PCRA Petition without a hearing “if the PCRA court determines that the petitioner’s claim is patently frivolous and is without a trace of support in either the record or from other evidence.” Commonwealth v. Hart, 911 A.2d 939, 941 (Pa Super. 2006) (citation omitted).

2019Similarly, in Commonwealth v. Hopfer, 965 A.2d 270 (Pa. Super. 2009), the PCRA court dismissed a PCRA petition without a hearing and without Rule 907 notice after counsel was permitted to withdraw pursuant to Turner /Finley.

2015Similarly, in Commonwealth v. Hopfer, 965 A.2d 270 (Pa. Super. 2009), once more the PCRA court dismissed a PCRA petition without a hearing and without Rule 907 notice after counsel was permitted to withdraw pursuant to Turner and Finley.

2020“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.” Commonwealth v. Rizvi, 166 A.3d 344, 347 (Pa.Super. 2017). “[A] PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post- conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Cruz, 223 A.3

2020“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.” Commonwealth v. Rizvi, 166 A.3d 344, 347 (Pa.Super. 2017). “[A] PCRA court has discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post- conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Cruz, 223 A.3

2017Commonwealth v. Rykard, 55 A.3d 1177, 1184 (Pa. Super. 2012). 5 Compare Pa.R.Crim.P. 907 (providing that the PCRA court shall give notice of its intent to dismiss the PCRA petition without a hearing if it determines that there are no issues of material fact and the defendant is not entitled to relief) with Pa.R.Crim.P. 908(A) (providing that the judge shall order a hearing when the petition raises material issues of fact). -4 J -S33034-17 warranted because he, acting pro se, failed to satisfy the evidentiary requirements necessary to support his claims of, inter a/ia, ineffective assistance of

2016Commonwealth v. Rykard, 55 A.3d 1177, 1184 (Pa. Super. 2012). 5 Compare Pa.R.Crim.P. 907 (providing that the PCRA court shall give notice of its intent to dismiss the PCRA petition without a hearing if it determines that there are no issues of material fact and the defendant is not entitled to relief) with Pa.R.Crim.P. 908(A) (providing that the judge shall order a hearing when the petition raises material issues of fact). -5- J-S12005-16 Order vacated.

2018Commonwealth v. Bond, 630 A.2d 1281 (Pa.Super. 1993); cf. Commonwealth v. Hopfer, 965 A.2d 270, 273-275 (Pa.Super. 2009) (finding that procedure outlined in Bond did not justify dismissal of PCRA petition where the PCRA court granted request to withdraw and dismissed petition less than 20 days after the petitioner received counsel’s request to withdraw).

2017See Commonwealth v. Bond, 630 A.2d 1281, 1283 (Pa. Super. 1993) (holding additional notification of the court’s intention to dismiss appellant’s petition without a hearing under Pa.R.Crim.P. 1507 [now Rule 907] was unnecessary where counsel and court adhered to procedure established in Finley).

2024“To obtain reversal of a PCRA court's decision to dismiss a petition without a hearing, an appellant must show that he raised a genuine issue of fact which, if resolved in his favor, would have entitled him to relief, or that the court otherwise abused its discretion in denying a hearing.” Id. (quoting Commonwealth v. D'Amato, 579 Pa. 490 , 856 A.2d 806, 820 (2004)).

2019P. Rule 907 provides that courts have the discretion to dismiss a PCRA petition without a hearing if the court finds that "there are no genuine issues concerning any material fact and that the defendant is not entitled to post-conviction collateral relief, and no purpose would be served by any further proceedings." "[T]o obtain reversal of a PCRA court's decision to dismiss a petition without a hearing, an appellant must show that he raised a genuine issue of fact which, if resolved in his favor, would have entitled him to relief, or that the court otherwise abused its discretion in denying a

2020See Pa.R.Crim.P. 907(1); Roney, 79 A.3d at 604 .

2019See Pa.R.Crim.P. 907(1); Roney, 79 A.3d at 604 .

2024A PCRA court may dismiss a PCRA petition without a hearing as long as the record supports the finding that the petitioner failed to raise a genuine issue of material fact as to his entitlement to relief: The PCRA court has the discretion to dismiss a petition without a hearing when the court is satisfied “that there are no genuine issues concerning any material fact, the defendant is not entitled to post-conviction collateral relief, and no legitimate purpose would be served by further proceedings.” Commonwealth v. Paddy, 609 Pa. 272 , 15 A.3d 431, 442 (2011) (quoting Pa.R.Crim.P. 909(B)(2)).

2024A PCRA court may dismiss a PCRA petition without a hearing as long as the record supports the finding that the petitioner failed to raise a genuine issue of material fact as to his entitlement to relief: The PCRA court has the discretion to dismiss a petition without a hearing when the court is satisfied “that there are no genuine issues concerning any material fact, the defendant is not entitled to post-conviction collateral relief, and no legitimate purpose would be served by further proceedings.” Commonwealth v. Paddy, 609 Pa. 272 , 15 A.3d 431, 442 (2011) (quoting Pa.R.Crim.P. 909(B)(2)).

2023We review the decision to dismiss a PCRA petition without a hearing by determining “whether the PCRA court erred in concluding that there were no genuine issues of material fact.” Commonwealth v. Hart, 199 A.3d 475, 481 (Pa. Super. 2018) (citation omitted).

2021Additionally, when reviewing an order denying a PCRA petition without a hearing, we “determine whether the PCRA court erred in concluding that there were no genuine issues of material fact and in denying relief without an evidentiary hearing.” Commonwealth v. Hart, 199 A.3d 475, 481 (Pa. Super. 2018) (citations omitted).

2021Pa.R.Crim.P. 907(1); Commonwealth v. Holt, 175 A.3d 1014, 1018 (Pa. Super. 2017); see also Commonwealth v. Eichinger, 108 A.3d 821, 849 (Pa. 2014).

2019Pa.R.Crim.P. 907(1); Commonwealth v. Holt, 175 A.3d 1014, 1018 (Pa. Super. 2017); see also Commonwealth v. Eichinger, 108 A.3d 821, 849 (Pa. 2014).

2021Commonwealth v. Ford, 44 A.3d 1190, 1194 (Pa. Super. 2012). ____________________________________________ when dismissing a PCRA petition without a hearing).

2015Commonwealth v. Ford, 44 A.3d 1190, 1197-98 (Pa.Super.2012).

2021Pa.R.Crim.P. 907(1); Commonwealth v. Holt, 175 A.3d 1014, 1018 (Pa. Super. 2017); see also Commonwealth v. Eichinger, 108 A.3d 821, 849 (Pa. 2014).

2019Pa.R.Crim.P. 907(1); Commonwealth v. Holt, 175 A.3d 1014, 1018 (Pa. Super. 2017); see also Commonwealth v. Eichinger, 108 A.3d 821, 849 (Pa. 2014).

2018When the PCRA court denies a petition without an evidentiary hearing, we “examine each issue raised in the PCRA petition in light of the record certified before it in order to determine if the PCRA court erred in its determination that there were no genuine issues of material fact in controversy and in denying relief without conducting an evidentiary hearing.” Commonwealth v. Khalifah, 852 A.2d 1238, 1240 (Pa. Super. 2004) (citing Commonwealth v. Hardcastle, 701 A.2d 541, 542-43 (Pa. 1997)).

2017When the PCRA court denies a Petition without an evidentiary hearing, we “examine each issue raised in the PCRA [P]etition in light of the record certified before it in order to determine if the PCRA court erred in its determination that there were no genuine issues of material fact in controversy and in denying relief without conducting an evidentiary hearing.” Commonwealth v. Khalifah, 852 A.2d 1238, 1240 (Pa. Super. 2004). -8- J.

2025Ultimately, the PCRA court issued a notice of intent pursuant to Pa.R.Crim.P. 907 to dismiss the PCRA petition without a hearing, and Counsel sought leave to withdraw pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc).

2025The PCRA court appointed counsel, who filed a motion to withdraw from representation pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1998) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988), asserting that, since Appellant was sentenced to time served, he was not currently serving a sentence for the underlying disorderly conduct and therefore ineligible for PCRA relief pursuant to § 9543(2). -3- J-S16030-25 On August 30, 2024, the PCRA court granted counsel’s motion to withdraw from representation and pursuant to Pa.R.Crim.P. 907, the court issued notice of its intent to dismiss t

2025Ultimately, the PCRA court issued a notice of intent pursuant to Pa.R.Crim.P. 907 to dismiss the PCRA petition without a hearing, and Counsel sought leave to withdraw pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc).

2025The PCRA court appointed counsel, who filed a motion to withdraw from representation pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1998) and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988), asserting that, since Appellant was sentenced to time served, he was not currently serving a sentence for the underlying disorderly conduct and therefore ineligible for PCRA relief pursuant to § 9543(2). -3- J-S16030-25 On August 30, 2024, the PCRA court granted counsel’s motion to withdraw from representation and pursuant to Pa.R.Crim.P. 907, the court issued notice of its intent to dismiss t

2024Accordingly, “a PCRA court has [the] discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Burton, 158 A.3d 618 , 622 n.4 (Pa. 2017) (citing, inter alia, Pa.R.Crim.P. 907(1)). “[T]o obtain reversal of a PCRA court’s decision to dismiss a petition without a hearing, an appellant must show that he raised a genuine issue of fact which, if resolved i

2024Accordingly, “a PCRA court has [the] discretion to dismiss a PCRA petition without a hearing if the court is satisfied that there are no genuine issues concerning any material fact; that the defendant is not entitled to post-conviction collateral relief; and that no legitimate purpose would be served by further proceedings.” Commonwealth v. Burton, 158 A.3d 618 , 622 n.4 (Pa. 2017) (citing, inter alia, Pa.R.Crim.P. 907(1)). “[T]o obtain reversal of a PCRA court’s decision to dismiss a petition without a hearing, an appellant must show that he raised a genuine issue of fact which, if resolved i

2025Commonwealth v. McCready, 295 A.3d 292, 298 (Pa. Super. 2023) (citation omitted); see also Pa.R.Crim.P. 907(1)-(2) (providing that a court may dismiss a PCRA petition without hearing, after notice, when there is no issue of material fact and further proceedings would serve no purpose). ____________________________________________ Hutchinson’s Concise Statement of Errors Complained of on Appeal Pursuant to Pa.R.A.P. 1925(b), 9/11/24, at 2 (unnecessary capitalization omitted). -5- J-S16042-25 A PCRA petitioner must plead and prove that his “allegation of error has not been previously litigated o

2025Commonwealth v. McCready, 295 A.3d 292, 298 (Pa. Super. 2023) (citation omitted); see also Pa.R.Crim.P. 907(1)-(2) (providing that a court may dismiss a PCRA petition without hearing, after notice, when there is no issue of material fact and further proceedings would serve no purpose). ____________________________________________ Hutchinson’s Concise Statement of Errors Complained of on Appeal Pursuant to Pa.R.A.P. 1925(b), 9/11/24, at 2 (unnecessary capitalization omitted). -5- J-S16042-25 A PCRA petitioner must plead and prove that his “allegation of error has not been previously litigated o

2024On appeal from the denial or grant of relief under the PCRA, our review is limited to determining “whether the PCRA court’s ruling is supported by the record and free of legal error.” Commonwealth v. Presley, 193 A.3d 436, 442 (Pa.Super. 2018) (citation omitted).

2024See Burton, 121 A.3d at 1067 .