Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kevin Silas v. Commonwealth of Pennsylvania

September 19, 2011

KEVIN SILAS,
PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA RESPONDENT.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

MEMORANDUM

I. INTRODUCTION

On November 1, 1982, Petitioner was found guilty of second-degree murder, robbery, and criminal conspiracy. He received a life sentence for the murder conviction and concurrent sentences of ten to twenty years and five to ten years for the robbery and conspiracy convictions, respectively. See Commonwealth v. Silas, 547 A.2d 440 (Pa. Super. Ct. 1988) (table), doc. no. 10, ex. 1.

Petitioner has filed various appeals in Pennsylvania state court. The direct appeal of his convictions was unsuccessful. See id. And Petitioner has also filed six state collateral appeals under Pennsylvania's Post Conviction Relief Act ("PCRA"). The first five PCRA appeals were dismissed as untimely. In the sixth PCRA appeal, filed on September 9, 2010, Petitioner sought an exception from PCRA's one-year statute of limitations on two grounds: (1) that facts on which his claim is predicated could not be discovered with due diligence; and (2) that either the U.S. Supreme Court or Pennsylvania Supreme Court announced, after the limitations period expired, a new rule entitling him to relief that applies retroactively. *fn1 (Pet'r's Pet. for Post Conviction Collateral Relief, doc. no. 10-5, at 3.)

Petitioner filed the pro se Petition for habeas relief pursuant to 28 U.S.C. § 2254 on February 8, 2008. ("Motion to 'Stay and Abey,'" doc. no. 1.) On February 20, 2008, the Court dismissed the case without prejudice for failure to complete the proper form. Petitioner filed the proper form on March 27, 2008 (hereinafter "the Petition"). *fn2

In the Petition, Petitioner alleges three grounds for relief: (1) that the state court lacked jurisdiction; (2) that his conviction was supported by evidence obtained by an unreasonable search and seizure; and (3) that he was the subject of an unlawful arrest. Notwithstanding the merits, all of Petitioner's grounds for relief are barred by AEDPA's statute of limitations.

II. DISCUSSION

For the foregoing reasons, the Petition will be dismissed with prejudice because the limitations period has run on the grounds for relief raised. Furthermore, Petitioner is not entitled to statutory or equitable tolling.

A. Calculating the Limitations Period The federal Antiterrorism and Effective Death Penalty

Act of 1996 ("AEDPA") establishes a one-year statute of limitations for filing habeas petitions. 18 U.S.C. § 2244(d)(1) (2006). The limitation period runs from the latest of one of four events:

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;

(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed if the applicant was prevented from filing by such State action;

(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or

(D) the date on which the factual predicate of the claim or claims presented could have been discovered through ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.