United States District Court, W.D. Pennsylvania
ROBERT C. MITCHELL, Magistrate Judge.
It is respectfully recommended that the petition of Brad Jones for a writ of habeas corpus (ECF 1) be dismissed as time barred and not contrary to federal law, and because reasonable jurists could not conclude that a basis for appeal exists, that a certificate of appealability be denied.
Brad Jones, an inmate at the State Correctional Institution at Waynesburg has presented a petition for a writ of habeas corpus.
Jones is presently serving a 21 ½ to 43 year sentence imposed following his conviction by a jury of third degree murder, carrying a firearm without a license, corruption of minors, criminal conspiracy and abuse of a corpse at No.CP-02-CR-14284-2001 in the Court of Common Pleas of Allegheny County, Pennsylvania. This sentence was imposed on May 9, 2002. His appeal was dismissed on April 9, 2003 as a result of the failure of his counsel to file a brief. Jones then filed a post-conviction petition on March 25, 2004 which was dismissed on September 20, 2004. The dismissal was affirmed by the Superior Court on July 27, 2005 and leave to appeal was denied by the Pennsylvania Supreme Court on March 21, 2006.
On March 27, 2007, Jones filed a second post-conviction petition which was dismissed on May 30, 2007. No significant further action occurred until July 15, 2013 when Jones filed a habeas corpus petition, which the Court of Common Pleas determined should be treated as a post-conviction petition. As such it was dismissed on September 23, 2013 as time barred. On November 18, 2014, the Superior Court affirmed the denial of post-conviction relief as time barred.
In the instant petition, executed on February 4, 2015 and received in this Court on February 13, 2015, Jones contends he is entitled to relief on the following grounds:
1. Petitioner is actually innocent of a crime, where the statute alleging a crime does not contain any elements constituting a crime.
2. The public has not been given lawful notice of the elements which constitute a 3rd degree murder.
3. The petitioner was not given lawful notice of the elements of 3rd degree murder to prepare a proper defense.
4. Pennsylvania law forbids a judge to sentence a person outside of the guidelines without citing on record the reasons for deviating from the guidelines.
5. The judge sentenced the petitioner outside the guidelines without stating the ...