Howard claim in Pennsylvania

2024Counsel identifies Howard’s claim that the victim has asserted his innocence as a newly discovered fact, 42 Pa.C.S.A. 9545(b)(1)(ii), and -4- J-S24027-24 Crawford v. Washington, 541 U.S. 36 (2004), as a constitutional decision to be applied retroactively to his case, 42 Pa.C.S.A. 9545(b)(1)(iii).

2018Howard’s brief at 22 (citing Zieber, supra).

2018In Commonwealth v. Petty, 157 A.3d 953 (Pa. Super. 2017), appeal denied, 169 A.3d 1070 (Pa. 2017), this Court addressed a similar situation.

2018In Commonwealth v. Petty, 157 A.3d 953 (Pa. Super. 2017), appeal denied, 169 A.3d 1070 (Pa. 2017), this Court addressed a similar situation.

2017Suppression Hearing, 6/18/2105, at 30. 11 Commonwealth v. Moyer, 954 A.2d 659 (Pa. Super. 2008). -9- J-S27027-17 trial court’s order denying Howard’s motion to suppress evidence must be reversed, and Howard’s judgment of sentence must be vacated.

2016Rabutino v. Freedom State Realty Co., Inc., 809 A.2d 933 , 937 n.3 (Pa. Super. 2002) (stating that this Court has the power to quash an appeal if the brief violates the Rules of Appellate Procedure); see also Pa.R.A.P. 2101 (directs that briefs “shall conform in all material respects with the requirements of these rules as nearly as the circumstances of the particular case will admit, otherwise they may be suppressed, and, if the defects are in the brief … of the appellant and are substantial, the appeal or other matter may be quashed or dismissed”).

2016In response, we quote from Smathers v. Smathers, 670 A.2d 1159 (Pa. Super. 1996), wherein this Court explained: Nevertheless, this pro se representation does not relieve appellant of [his] duty to properly raise and develop [his] appealable claims.

2013In the recent ease of Kentucky v. King, — U.S. -, 131 S.Ct. 1849, 1862-63 , 179 L.Ed.2d 865 (2011), the United States Supreme Court granted certiorari to resolve the question of “[u]nder what circumstances do police impermissibly create an exigency?” See id. at 1854 .

2013In the recent ease of Kentucky v. King, — U.S. -, 131 S.Ct. 1849, 1862-63 , 179 L.Ed.2d 865 (2011), the United States Supreme Court granted certiorari to resolve the question of “[u]nder what circumstances do police impermissibly create an exigency?” See id. at 1854 .

1998Indeed, in Howard’s brief on direct appeal, appellate counsel cited extensively to Commonwealth v. Lewis, 528 Pa. 440 , 598 A.2d 975 (1991), wherein this Court stated: The very premise underlying our requirement of the “no-adverse-inference” charge to the jury, under Article I, Section 9, is that the trial judge is vested with an obligation to protect the defendant’s right to remain silent, free from the insidious danger of adverse inference presented by a jury left free to wander in speculation.

1998Indeed, in Howard’s brief on direct appeal, appellate counsel cited extensively to Commonwealth v. Lewis, 528 Pa. 440 , 598 A.2d 975 (1991), wherein this Court stated: The very premise underlying our requirement of the “no-adverse-inference” charge to the jury, under Article I, Section 9, is that the trial judge is vested with an obligation to protect the defendant’s right to remain silent, free from the insidious danger of adverse inference presented by a jury left free to wander in speculation.

1998In such- circumstances, the burden is not upon the Commonwealth to establish beyond a reasonable doubt that the error did not contribute to the verdict; rather, the burden is upon the appellant to establish actual prejudice. 7 See Howard, 538 Pa. at 99-100 , 645 A.2d at 1307-08 .

1998In such- circumstances, the burden is not upon the Commonwealth to establish beyond a reasonable doubt that the error did not contribute to the verdict; rather, the burden is upon the appellant to establish actual prejudice. 7 See Howard, 538 Pa. at 99-100 , 645 A.2d at 1307-08 .