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.

Okey v. Commonwealth

United States District Court, M.D. Pennsylvania

October 29, 2014

PATRICK OKEY, Petitioner,
v.
COMMONWEALTH OF PENNSYLVANIA, et al., Respondents.

MEMORANDUM

SYLVIA H. RAMBO, District Judge.

Petitioner Patrick Okey, who is presently incarcerated at the State Correctional Institution in Albion, Pennsylvania ("SCI-Albion"), initiated this action by filing a pro se petition for writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2254. (Doc. 4.) Petitioner seeks to challenge his 2009 and 2011 convictions and sentence in the Court of Common Pleas of York County, Pennsylvania ("York County court" or "trial court"). In response to the petition, Respondents contend that Petitioner's habeas petition is moot and untimely. (Doc. 12.) For the reasons set forth below, Petitioner's habeas petition will be dismissed.

I. Facts and Procedural History

In his petition, Petitioner seeks habeas relief with respect to two Pennsylvania cases. The court will set forth the case histories separately before turning to the filing of the instant petition.

A. Commonwealth v. Okey, CP-67-CR-0004710-2008 (York C.P. 2008)

On January 22, 2009, a York County jury found Petitioner guilty of one count each of luring a child into a motor vehicle, see 18 Pa. Cons. Stat. Ann. § 2910(a), and stalking, see 18 Pa. Cons. Stat. Ann. § 2709.1(a)(1). (Doc. 12 ¶ 8.) On April 27, 2009, Petitioner was sentenced to a term of incarceration of one (1) year minus one (1) day to two (2) years minus two (2) days, along with a concurrent sentence of three (3) to twelve (12) months. ( Id. ¶ 9.) Petitioner received credit for time served dating back to May 2, 2008. ( Id. )

On April 30, 2009, Petitioner filed a timely post-sentence motion in the York County court, which was denied on May 4, 2009. ( Id. ¶ 10.) Thereafter, Petitioner filed a timely notice of appeal to the Pennsylvania Superior Court on May 6, 2009. ( Id. ¶ 11) (case docketed at 785 MDA 2009).

On April 29, 2010, Petitioner was released from the custody of the Commonwealth after serving the entirety of his state sentence. ( Id. ¶ 12; Doc. 12-1 at 47.)[1] However, Petitioner was immediately released to the primary custody of the Department of Homeland Security, Immigration and Customs Enforcement ("ICE"), where he remained incarcerated at the same place of confinement, the York County Prison. (Doc. 1 at 33-34; Doc. 12 ¶ 13 n.3.)

On May 6, 2010, the Pennsylvania Superior Court affirmed Petitioner's 2009 state judgment of sentence. (Doc. 12 ¶ 14.) Petitioner did not file a petition for allocatur to the Pennsylvania Supreme Court. ( Id. ¶ 15.)

On January 15, 2013, Petitioner filed a petition for post conviction collateral relief under Pennsylvania's Post Conviction Relief Act ("PCRA"), see 42 Pa. Cons. Stat. Ann. §§ 9541-9546. (Doc. 12 ¶ 17.) On February 15, 2013, the York County court appointed counsel for Petitioner and issued a notice of its intent to dismiss the PCRA petition as untimely unless Petitioner asserted an exception within twenty (20) days. ( Id. ¶ 18.) On May 10, 2013, the York County court denied the PCRA petition on the basis that Petitioner did not assert a valid exception to the timeliness requirement. ( Id. ¶ 19.) Petitioner did not appeal this decision. ( Id. ¶ 20.) Instead, Petitioner filed another PCRA petition on January 17, 2014, which was denied as untimely on March 31, 2014. ( Id. ¶ 21.) In addition, Petitioner filed a petition for leave to file an allocatur petition nunc pro tunc in the Supreme Court of Pennsylvania, which was denied on March 5, 2014. ( See Doc. 12-1 at 52.)

B. Commonwealth v. Okey, CP-67-CR-0001198-2011 (York C.P. 2011)

On January 21, 2011, the Department of Homeland Security released Petitioner from its immigration detainer.[2] (Doc. 12 ¶ 23.) Pursuant to Pennsylvania's Megan's Law, Petitioner had forty-eight (48) hours to register his residence once he was no longer detained. ( Id. ¶ 24.) On January 25, 2011, a Detective Lutchko made contact with Petitioner to warn him that he was required to register with the Pennsylvania State Police. ( Id. ¶ 25.) Petitioner responded to Detective Lutchko that he was not going to register and that the State Police could take him back to jail. ( Id. ¶ 26; Doc. 12-1 at 62, Affidavit of Probable Cause.) As a result of Petitioner's failure to register, on January 27, 2011, he was charged with a violation of Pennsylvania's Megan's Law, graded as a felony of the third degree. (Doc. 12 ¶ 27.) Petitioner was then returned to jail. ( Id. )

Petitioner proceeded to trial on this charge pro se, with standby counsel available. ( Id. ¶ 28.) On August 18, 2011, a York County jury found Petitioner guilty of failure to comply with Megan's Law, see 18 Pa. Cons. Stat. Ann. § 4915(a). (Doc. 12 ¶ 29.) On October 19, 2011, the York County court sentenced Petitioner to a term of incarceration of two (2) to four (4) years, with credit for time served between the date of his arrest, January 27, 2011, and the date of sentencing, October 29, 2011. ( Id. ¶ 30.) Petitioner, still acting pro se, did not file a direct appeal. ( Id. ¶ 31.)

On April 4, 2012, Petitioner filed a motion to dismiss based on Pennsylvania Rule of Criminal Procedure 600, related to his right to a speedy trial. (Doc. 12 ¶ 32.) On July 19, 2012, the York County court dismissed the motion as moot, as Petitioner had already had a jury trial and been found guilty of the charges against him ( Id. ¶ 33; Doc. 12-1 at 71.) Petitioner did not appeal this decision. (Doc. 12 ¶ 34.)

On January 15, 2013, Petitioner filed a pro se PCRA petition in the York County court. ( Id. ¶ 36.) On February 5, 2013, the York County court appointed counsel for Petitioner and issued a notice of its intent to dismiss the PCRA petition as untimely unless Petitioner asserted an exception within twenty (20) days. ( Id. ¶ 37.) Subsequently, on March 25, 2013, the York County court issued an order dismissing Petitioner's untimely PCRA ...


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.