2011 Pa. Super. 275 - Commonwealth v. Williams’s Empirical Analysis
2011
Citation profile
14
cited by 14 later decisions
1
states following
November 2024
most recently cited
14 state decisions
Relationships
Relies on Commonwealth v. Bennett · Commonwealth v. Gamboa-Taylor · Commonwealth v. Robinson · Commonwealth v. Breakiron · Atkinson v. Evans
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) An individual convicted of a criminal offense in a court of this Commonwealth and serving a term of imprisonment or awaiting execution because of a sentence of death may apply by making a written motion to the sentencing court for the performance of forensic DNA testing on specific evidence that is related to the investigation or prosecution that resulted in the judgment of conviction. (2) The evidence may have been discovered either prior to or after the applicant’s conviction. The evidence shall be available for testing as of the date of the motion. If the evidence was discovered prior to the applicant's conviction, the evidence shall not have been subject to the DNA testing requested because the technology for testing was not in existence at the time of the trial or the applicant’s counsel did not seek testing at the time of the trial in a case where a verdict was rendered on or before January 1, 1995, or the applicant's counsel sought funds from the court to pay for the testing because his client was indigent and the court refused the request despite the client's indigency.”
2 later decisions quote this exact passage“(1) After the DNA testing conducted under this section has been completed, the applicant may, pursuant to section 9545(b)(2) (relating to jurisdiction and proceedings), during the 60-day period beginning on the date on which the applicant is notified of the test results, petition to the court for postconviction relief pursuant to section 9543(a)(2)(vi) (relating to eligibility for relief).”
2 later decisions quote this exact passage“An application for DNA testing should be made in a motion, not in a PCRA petition. Commonwealth v. Weeks, 831 A.2d 1194, 1196 (Pa.Super.2003). Though brought under the general rubric of the PCRA, motions for post-conviction DNA testing are "clearly separate and distinct from claims brought pursuant to other sections of the PCRA.” Commonwealth v. Perry, 959 A.2d 932, 938 (Pa.Super.2008). This Court has consistently held the one-year jurisdictional time bar of the PCRA does not apply to motions for DNA testing under Section 9543.1. Commonwealth v. Conway, 14 A.3d 101 , 108 n. 2 (Pa.Super.2011), appeal denied, ... 612 Pa. 687 , 29 A.3d 795 (2011); Perry, supra at 938 ; [Commonwealth v.] Brooks, [ 875 A.2d 1141, 1146 (Pa.Super.2005) ]. Another distinction of motions for DNA testing is that Section 9543.1 does not confer a right to counsel. Brooks, supra at 1147 .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.