No. 18-6090

Eric Williams v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2018-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence appellate-procedure criminal-procedure due-diligence due-process evidentiary-hearing habeas-corpus post-conviction-relief recantation recantation-evidence witness-recantation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Did the Pennsylvania Superior Court and Common Pleas Court abuse their discretion by denying Williams an evidentiary hearing to review the merits of his claims of actual innocence resulting from new evidence of recanted statements of respondent's key witness, Harold Jackson?

Question Presented (from Petition)

QUESTION(S) PRESENTED I, DID THE PENNSYLVANIA SUPERIOR COURT AND COMMON PLEAS COURT ABUSE THEIR DISCRETION BY DENYING WILLIAMS AN EVIDENTIARY. HEARING TO REVIEW THE MERITS OF HIS CLAIMS OF ACTUAL INNOCENCE RESULTING FROM NEW EVIDENCE OF RECANTED STATEMENTS OF RESPONDENT'S KEY WITNESS, HAROLD JACKSON? IL. WAS WILLIAMS' FOURTH POST CONVICTION RELIEF ACT (PCRA) PETITION FILED WITHIN THE 60 DAY TIME PERIOD EXCEPTION ALLOWED BY PENNSYLVANIA'S STATUTE 42 PA C.S. §9545(B) (2) TO BE ELIGIBLE FOR REVIEW? IIL. WAS IT AN ABUSE OF DISCRETION TO DENY EVIDENTIARY HEARING ON THE MERITS OF WITNESS'S RECANTATION STATEMENT WHEN WILLIAMS HAD NO REASONABLE WAY OR METHOD OF RETAINING AND PRESENTING THE NEW EVIDENCE AT AN EARLIER TIME? IV. WAS IT AN ABUSE OF DISCRETION FOR THE SUPERIOR COURT TO DENY AN EVIDENTIARY HEARING ON THE RECANTION OF KEY WITNESS WHERE THERE HAD BEEN NO PROCEDURAL ERROR MADE BY WILLIAMS WHEN EXPLAINING HIS DUE DILIGENCE OF TRYING TO PRESENT THE EVIDENCE TO THE COURT AT AN EARLIER TIME AND THE REASON HE COULD NOT DO SO? V. SHOULD THE PCRA AND APPELLATE COURTS BE OBLIGATED TO TREAT PCRA PETITION AS ONE FOR HABEAS CORPUS REVIEW OR RELIEF TO RECANTATION EVIDENCE OF RESPONDENT'S PRIMARY WITNESS TO THE CRIME IF THERE IS NO PCRA EVIDENCE TO RULE ON THE MERITS IN ORDER TO COMPLY WITH CLEARLY ESTABLISHED LAW ARTICULATED IN PRECEDENTS BY THE UNITED STATES SUPREME COURT? VI. DIE THE PENNSYLVANIA SUPREME COURT ERR AND ABUSE ITS DISCRETION THEREBY DENYING WILLIAMS LEAVE TO FILE A PETITION FOR ALLOWANCE OF APPEAL NUNC PRO TUNC SO THAT HE MAY EXHAUST HIS APPELLATE REMEDIES DUE TO HIS FIRST FILING FOR WRIT OF CERTIORARI TO THIS UNITED STATES SUPREME COURT AS RESULT OF THE HISTORICAL NOT OF THE PENNSYLVANIA SUPREME COURT'S JUDICIAL ADMINISTRATIVE ORDER INCORPORATED WITHIN PENNSYLVANIA RULE OF APPELLATE PROCEDURE, RULE 1114?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-03
Waiver of right of respondent Pennsylvania to respond filed.
2018-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2018)

Attorneys

Eric Williams
Eric Williams — Petitioner
Eric Williams — Petitioner
Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent