petition without hearing in Pennsylvania

2026To obtain a 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 material 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. ____________________________________________ 1 In lieu of a Rule 1925(a) opinion, the PCRA court relied on its reasons expressed in its Rule 907 notice as well as its order denying Johnson’s petition. -3- Commonwealth v. Blakeney, 108 A.3d 739, 749-50 (Pa. 2014).

2023To obtain a 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 material 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. ____________________________________________ 2 By letter dated November 22, 2022, this Court was informed that the record would be transmitted without an opinion because the PCRA court judge had retired. -3- Commonwealth v. Blakeney, 108 A.3d 739, 750 (Pa. 2014) (citations omitted).

2026Finally, it is well settled that “[t]here is no absolute right to an evidentiary hearing on a PCRA petition, and if the PCRA court can determine from the record that no genuine issues of material fact exist, then a hearing is not necessary.” Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. - 10 - 2008). “[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 hearing.

2025“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.” Commonwealth v. Hanible, 30 A.3d 426, 438 (Pa. 2011) (citation omitted).

2025Rather, a 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.’” Commonwealth v. Roney, 79 A.3d 595, 604 (Pa. 2013) (quotation omitted).

2025Thus, 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." Roney, supra at 604-05 . (citation omitted).

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)).

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)).

2026See Commonwealth v. Maddrey, 205 A.3d 323, 328 (Pa. Super. 2019) (“[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 hearing.”).

2025To 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. - 10 - Commonwealth v. McCready, 295 A.3d 292, 298 (Pa.Super. 2023) (citing Maddrey, 205 A.3d at 328 ).

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)).

2026Finally, it is well settled that “[t]here is no absolute right to an evidentiary hearing on a PCRA petition, and if the PCRA court can determine from the record that no genuine issues of material fact exist, then a hearing is not necessary.” Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. - 10 - 2008). “[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 hearing.

2026Therefore, this Court will reverse a PCRA court’s decision to dismiss a petition without a hearing only where the appellant “show[s] 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. (citation omitted).

2025We review the PCRA court's decision dismissing a petition without a hearing for an abuse of discretion.” Commonwealth v. Miller, 102 A.3d 988, 992 (Pa. Super. 2014).

2025We review the PCRA court’s decision dismissing a petition without a hearing for an abuse of discretion.” Commonwealth v. Miller, 102 A.3d 988, 992 (Pa. Super. 2014).

2023To 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. at 297 (citations and some punctuation omitted). 7 In his amended petition, Hewlett claims he is eligible for relief on his patently untimely PCRA petition by alleging that he can prove the “after-discovered facts” exception to the PCRA timeliness requirements.

2023To 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. at 297 (citations and some punctuation omitted).

2024Generally, “[t]he PCRA court may 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 any further proceedings.” Commonwealth v. Johnson, 139 A.3d 1257, 1273 (Pa. 2016) (citation and internal quotation mark omitted).

2023Generally, “[t]he PCRA court may 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, -4- and no legitimate purpose would be served by any further proceedings.” Commonwealth v. Johnson, 139 A.3d 1257, 1273 (Pa. 2016) (citation and internal quotation mark omitted).

2025“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.” Commonwealth v. McCready, 295 A.3d 292, 298 (Pa. Super. 2023).

2025To 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. - 10 - Commonwealth v. McCready, 295 A.3d 292, 298 (Pa.Super. 2023) (citing Maddrey, 205 A.3d at 328 ).

2025“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.” Commonwealth v. Brown, 196 A.3d 130, 193 (Pa. 2018) (citation omitted).

2025“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.” Commonwealth v. Brown, 196 A.3d 130, 193 (Pa. 2018) (citation omitted).

2024When 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) (citation omitted). -4- Geier’s claims challenge the effectiveness of counsel.

2023See, e.g., Commonwealth v. Khalifah, 852 A.2d 1238, 1240 (Pa.Super. 2004) (reversing dismissal of a petition without a hearing where the PCRA court determined that the affidavit of an - 11 - uncalled alibi witness “lacked credibility in comparison to the facts that were established at [the defendant’s bench] trial”).

2024Accordingly, “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 any further proceedings.’” Commonwealth v. Sneed, 45 A.3d 1096, 1105-06 (Pa. 2012) (quoting Pa.R.Crim.P. 909(B)(2)).

2024We are also mindful that Appellant alleges that the PCRA court erred in refusing to convene a hearing on his claims. “[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 hearing.” Commonwealth v. Sneed, 45 A.3d 1096, 1106 (Pa. 2012) (quotation and citation omitted). “[I]f a PCRA [p]etition is untimely, a trial court has no jurisdiction to entertain the petition.” Comm

2022A PCRA court has discretion to dismiss a petition without a hearing when it is satisfied “that there are no genuine issues concerning any material fact, the defendant is not entitled to post-conviction relief, and legitimate purpose would be served by any further proceedings.” Pa.R.Crim.P. 907(1); see also Commonwealth v. Springer, 961 A.2d 1262, 1264 (Pa. Super. 2008).

2021Additionally, the PCRA court has discretion to dismiss a petition without a hearing when it is satisfied “that there are no genuine issues concerning any material fact, the defendant is not entitled to post-conviction relief, and no legitimate purpose would be served by any further proceedings.” Pa.R.Crim.P. 907(1); see also Commonwealth v. Springer, 961 A.2d 1262, 1264 (Pa. -3- Super. 2008); but see Pa.R.Crim.P 908 (A)(2) (“[T]he judge shall order a hearing ... when the petition for post-conviction relief ... raises material issues of fact.”).

2024“To obtain a reversal of a PCRA court’s decision to dismiss a petition without a hearing, an appellant must show that he or she 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.

2024Importantly, “counsel cannot be deemed ineffective for failing to raise a meritless claim.” Fears, 86 A.3d at 804 . -4- Finally, “[t]he PCRA court has discretion to dismiss a petition without a hearing when the court is satisfied that there are no genuine issues concerning any material fact, the petitioner is not entitled to post-conviction collateral relief, and no legitimate purpose would be served by further proceedings.” Commonwealth v. Holt, 175 A.3d 1014, 1017-18 (Pa. Super. 2017) (citations omitted).

2023Moreover, a PCRA petitioner has no absolute right to an evidentiary hearing, and a PCRA court has discretion to deny a 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).

2022Thus, out of an abundance of caution, we remand for the PCRA court to ensure compliance with Rule 907 and afford Tinson the opportunity to respond to the PCRA court’s stated reasons for dismissing his petition.4 ____________________________________________ 4 We note for Tinson that there is no right to an evidentiary hearing, and a PCRA court has discretion to deny a petition without a hearing if it “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. 200

2022Commonwealth v. Mason, 130 A.3d 601, 617 (Pa. 2015). [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 hearing.

2018Moreover, “the PCRA court has discretion to dismiss a petition without a hearing when the court is satisfied ‘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.’” Cousar, 154 A.3d at 297 (citing Commonwealth v. Roney, 79 A.3d 595, 604 (Pa. 2013). “[S]uch a decision is within the discretion of the PCRA court and will not be overturned absent an abuse of discretion.” Commonwealth v. Mason, 130 A.3d 601, 617 (Pa. 2015).

2023Commonwealth v. Wah, 42 A.3d 335, 338 (Pa. Super. 2012) (citations omitted). “[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 hearing.” Commonwealth v. Johnson, 139 A.3d 1257, 1273 (Pa. 2016).

2023Commonwealth v. Wah, 42 A.3d 335, 338 (Pa. Super. 2012) (citations omitted). “[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 hearing.” Commonwealth v. Johnson, 139 A.3d 1257, 1273 (Pa. 2016) (citation omitted).

2026To 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. - 10 - Commonwealth v. Smith, 244 A.3d 13, 16 (Pa. Super. 2020) (quotation marks and citation omitted).

2024See Commonwealth v. Smith, 244 A.3d 13, 16 (Pa. Super. 2020) (“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.”).

2025See Commonwealth v. Marshall, 947 A.2d 714, 723 (Pa. 2008) (stating that where a PCRA court properly determines that it lacks jurisdiction to reach the merits of a PCRA petition, the PCRA court does not err by denying the petition without a hearing).

2017See Commonwealth v. Marshall, 947 A.2d 714, 723 (Pa. 2008) (“As explained supra, we have concluded that [a]ppellant’s petition was untimely, and accordingly the PCRA court properly determined that it had no jurisdiction to entertain it.

2026Commonwealth v. McCready, 295 A.3d 292, 298 (Pa. Super. 2023) (citation omitted); see also Commonwealth v. Williams, 244 A.3d 1281, 1287 (Pa. Super. 2021) (“It is within the PCRA court’s discretion to decline to -9- hold [an evidentiary] hearing if the petitioner’s claim is patently frivolous and has no support either in the record or other evidence.” (citation omitted)). 8 As our Supreme Court has explained, [t]o be entitled to PCRA relief, a petitioner must establish, by a preponderance of the evidence, that the conviction or sentence resulted from one or more of the enumerated errors set fo

2025Commonwealth v. Williams, 244 A.3d 1281, 1287 (Pa. Super. 2021) (citation omitted).

2024See also Commonwealth v. Payne, 794 A.2d 902, 906 (Pa. Super. 2002) (the right to a hearing is not absolute, and the PCRA court may deny a petition without a hearing if it determines the claims raised are without merit).

2024See also Commonwealth v. Payne, 794 A.2d 902, 906 (Pa. Super. 2002) (the right to a hearing is not absolute, and the PCRA court may deny a petition without a hearing if it determines the claims raised are without merit).

2025Specifically, Stockton asserted that the Commonwealth previously withheld this video footage in violation of Brady v. Maryland, 373 U.S. 83 (1963), and that had it been available, it would have shown that multiple correctional officers provided false reports and testimony at trial.3 The PCRA court issued a notice of its intent to dismiss the petition without a hearing pursuant to Pa.R.Crim.P. 907, finding that it was untimely without meeting any exception to the PCRA’s timeliness requirements.

2021On November 26, 2019, the PCRA court issued a notice pursuant to Pa.R.Crim.P. 907 that it intended to dismiss the petition without a hearing.6 On February 14, 2020, the PCRA court ____________________________________________ 5 In Brady, the United States Supreme Court held that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Brady v. Maryland, 373 U.S. 83, 87 (1963). 6Frazier filed a pro se response to the no

2025The PCRA court’s findings will not be disturbed unless there is no support for the findings in the certified record.” Commonwealth v. Barndt, 74 A.3d 185, 191-92 (Pa. Super. 2013) (citations omitted). -4- The PCRA court has 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.

2023The PCRA court’s factual findings will not be disturbed unless there is no support for the findings in the certified record.” Commonwealth v. Webb, 236 A.3d 1170, 1176 (Pa. Super. 2020) (citing Commonwealth v. Barndt, 74 A.3d 185 , 191-92 (Pa. Super. 2013)). -6- The PCRA court has 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. [See Pa.R.Crim.P. 909(B)(2).] To obtain re