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.

Schultz v. Smith

United States District Court, M.D. Pennsylvania

September 20, 2019

WENDY ANN SCHULTZ, Petitioner
v.
BARRY R. SMITH, Respondents

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE

         Wendy Ann Schultz, an inmate presently confined in the State Correctional Institution, Muncy, Pennsylvania (SCI-Muncy), filed this pro se habeas corpus petition pursuant to 28 U.S.C. §2254. (Doc. 1, petition). She attacks a conviction imposed by the Court of Common Pleas for Monroe County, Pennsylvania. Id. For the reasons that follow, the Court will dismiss the petition as untimely.

         I. Background

         The following background has been extracted from the Pennsylvania Superior Court’s August 9, 2016 Memorandum Opinion affirming the sentencing court’s dismissal of Petitioner’s petition filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§9541 - 9546. (Doc. 11-11 at 1-15).

         Following a jury trial, Schultz was convicted of burglary, conspiracy, robbery, criminal trespass, and related charges based upon her role in a home invasion in Price Township, Monroe County. Schultz was sentenced on January 24, 2013, to an aggregate term of 10 to 20 years’ incarceration. Following a timely appeal, this Court affirmed Schultz’s judgment of sentence on February 21, 2014. See Commonwealth v. Schultz, 97 A.3d 809 (Pa. Super. 2014) (unpublished memorandum). The Pennsylvania Supreme Court denied Schultz’s petition for allowance of appeal on July 25, 2014.

         Schultz filed a timely pro se PCRA petition on July 16, 2015. The PCRA court appointed counsel, who filed an amended petition and represented Schultz at an evidentiary hearing on September 28, 2015.[1] After the Commonwealth and Schultz filed briefs on the matter, the court dismissed the petition on January 7, 2016. Thereafter, Schultz filed a timely notice of appeal and court-ordered concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b). On appeal, Schultz raises the following issues for our review:

1. Was trial counsel ineffective for failing to request a curative instruction following testimony from Trooper Sebastianelli that [Schultz] was given the opportunity to clear her name by taking a polygraph [test]?
2. Was trial counsel ineffective for failure to raise an alibi defense?
Brief of Appellant, at 5.

(Doc. 11-1 at 1-15). On August 9, 2016, the Pennsylvania Superior Court affirmed the PCRA Court’s dismissal of Schultz’s PCRA petition. Id. Petitioner timely filed a petition for allowance of appeal with the Pennsylvania Supreme Court, which was denied on February 22, 2017. See Com. v. Schultz, 657 MAL 2016.

         On September 8, 2017, Schultz filed the instant petition for writ of habeas corpus. (Doc. 1, petition).

         On November 30, 2017, the Court issued an administrative order with notice of limitations on filing of future motions under 28 U.S.C. §2254. (Doc. 5).

         On December 15, 2017, Petitioner returned the Notice of Election, indicating that he wished to have his ...


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.