Com. v. Edwards, C.

CourtSuperior Court of Pennsylvania
DecidedAugust 27, 2025
Docket3390 EDA 2024
StatusUnpublished

This text of Com. v. Edwards, C. (Com. v. Edwards, C.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Edwards, C., (Pa. Ct. App. 2025).

Opinion

J-S25028-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : CLAUDE EDWARDS, JR. : : Appellant : No. 3390 EDA 2024

Appeal from the PCRA Order Entered November 15, 2024 In the Court of Common Pleas of Chester County Criminal Division at No(s): CP-15-CR-0002494-2020

BEFORE: PANELLA, P.J.E., DUBOW, J., and BENDER, P.J.E.

MEMORANDUM BY DUBOW, J.: FILED AUGUST 27, 2025

Appellant, Claude Edwards, Jr., appeals from the order denying his first

petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.

§§ 9541-46. After careful review, we dismiss this appeal.

In 2020, the Commonwealth charged Appellant with 128 counts in

connection with his sexual abuse of two nieces that occurred over five-year

periods when they were minors. Appellant’s preliminary hearing took place

on September 27, 2020, at which Stewart Charles Paintin, Esq., represented

Appellant. On February 10, 2021, Meredith P. Copeland, Esq., of the Chester

County Public Defenders’ Office entered her appearance in the court of county

pleas on behalf of Appellant. On October 29, 2021, Appellant entered a

negotiated guilty plea to one count each of Involuntary Deviate Sexual

Intercourse, Aggravated Indecent Assault of a Minor, attempted IDSI, and

Indecent Assault. The court imposed the negotiated sentence of 18 to 40 J-S25028-25

years’ incarceration and ordered the Sexual Offender Assessment Board to

perform an assessment to determine whether Appellant met the criteria of a

sexually violent predator (“SVP”).

Appellant sent pro se correspondence to the trial court in November and

December 2021 alleging, among other things, the ineffective assistance of

preliminary hearing counsel and plea counsel. On January 24, 2022, the court

entered an Order deeming Appellant’s December correspondence to be a PCRA

Petition and appointed C. Curtis Norcini, Esq., as PCRA counsel.

On January 25, 2022, the Commonwealth filed a Praecipe asking the

court to schedule a hearing pursuant to 42 Pa.C.S. § 9799.24 (“SVP Hearing”).

On February 15, 2022, the court appointed Michael G. Noone, Esq., to

represent Appellant in the SVP proceeding. Order, 1/15/22.

On February 25, 2022, Attorney Norcini filed a praecipe to withdraw

Appellant’s PCRA petition as prematurely filed. 1

On April 8, 2022, the court entered a “continuance order” of the SVP

hearing in order to allow Attorney Noone to review discovery. Following

additional continuances, on October 20, 2022, the court entered an Order

finding Appellant to be an SVP and directing his compliance with SORNA’s

registration requirements. Appellant did not file a direct appeal.

____________________________________________

1 See Commonwealth v. Harris, 972 A.2d 1196, 1202 (Pa. Super. 2009)

(concluding judgment of sentence became final only following the court’s SVP determination).

-2- J-S25028-25

On March 21, 2023, Appellant sent the court a letter challenging, inter

alia, Attorney Paintin’s failure to visit him in prison following his preliminary

hearing and failure to consult with Attorney Copeland regarding the

Commonwealth’s first plea offer.2 By order dated March 27, 2023, the court

deemed Appellant’s correspondence a PCRA petition and again appointed

Attorney Norcini to represent Appellant as PCRA counsel. Following Attorney

Norcini’s departure from the conflict counsel list in June 2023, the court

appointed Charles Thomas, Esq.

After the PCRA court granted numerous extensions of time, on

September 11, 2024, Attorney Thomas filed a Turner/Finley3 letter and

Motion to Withdraw as PCRA counsel. On September 19, 2024, the court filed

a Pa.R.Crim.P. 907 notice of its intent to dismiss the petition without a hearing.

Appellant did not respond to the Rule 907 Notice or the Turner/Finley letter.

2 In his March 21, 2023 letter, Appellant asserted that preliminary hearing counsel had informed him while Appellant was discussing bail with the magistrate, that the Commonwealth would recommend a sentence of “10-12 or 10-20 years” of incarceration in exchange for a guilty plea, and Appellant told counsel at the time that he did not want to discuss. See Defendant’s Letter (deemed PCRA Petition), dated March 15, 2023. He claimed that had preliminary counsel visited him in prison following the preliminary hearing, he would have been able to accept the Commonwealth’s first plea offer. Appellant also acknowledged, however, that Attorney Copeland told him prior to his entering his guilty plea that the Commonwealth had withdrawn the first plea offer after the preliminary hearing. See id., at 1.

3 Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988).

-3- J-S25028-25

On November 15, 2024, the court granted counsel’s motion to withdraw,

and dismissed Appellant’s PCRA petition.

On December 17, 2024, Appellant pro se filed a notice of appeal dated

December 6, 2024, again alleging ineffective assistance of counsel. “Notice of

Appeal,” filed 12/17/24, at 3.4 On December 19, 2024, the PCRA court

ordered Appellant to file a concise statement of errors complained of on appeal

pursuant to Pa.R.A.P. 1925(b).

On January 2, 2025, pro se Appellant submitted a response to the

court’s concise statement order in which he again raised claims asserting

ineffectiveness of counsel. He also raised other complaints about the

underlying merits of his convictions and challenged as untrue certain conduct

to which he had pled guilty.5 The PCRA court filed its Rule 1925(a) Opinion

on January 14, 2025. ____________________________________________

4 Although Appellant’s filing in the court of common pleas was not labeled “Notice of Appeal,” Appellant had addressed it to the Superior Court and the trial court forwarded the filing to this Court where this Court docketed it as an appeal from the PCRA court’s order entered November 15, 2024.

5 On January 9, 2025, the PCRA court entered an order substituting Daniel A.

Hollander, Esq., for Attorney Noone. However, Attorney Noone had been appointed to represent Appellant prior to the SVP hearing, not as PCRA counsel. On April 11, 2025, the PCRA court vacated its Order appointing Attorney Hollander, stating the appointment was “improvident,” apparently because the court failed to recognize before entering the appointment order that the notice of appeal filed December 17, 2024, was not a direct appeal. See Order, 4/11/25, at n.1 (noting that it had allowed PCRA counsel to withdraw prior to dismissal of the PCRA petition). See Commonwealth v. Gibson, 318 A.3d 927, 933 (Pa. Super. 2024) (reiterating that “once the [PCRA] court permits PCRA counsel to withdraw after filing a Turner/Finley (Footnote Continued Next Page)

-4- J-S25028-25

On March 11, 2025, this Court issued a Rule to Show Cause (“RTSC”)

as to why this appeal should not be quashed because (1) pro se Appellant

failed to provide a date as to the order from which he was appealing, and (2)

the appeal from the November 15, 2024 order appeared to be untimely.

Appellant pro se provided a response that directed our attention to the

preliminary hearing transcript. See Response, dated 3/19/25.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Lyons
833 A.2d 245 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Perez
799 A.2d 848 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Finley
550 A.2d 213 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. Jones
700 A.2d 423 (Supreme Court of Pennsylvania, 1997)
Eichman v. McKeon
824 A.2d 305 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Harris
972 A.2d 1196 (Superior Court of Pennsylvania, 2009)
Commonwealth v. Turner
544 A.2d 927 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. Chambers
35 A.3d 34 (Superior Court of Pennsylvania, 2011)
Commonwealth v. Kane
10 A.3d 327 (Superior Court of Pennsylvania, 2010)
Commonwealth v. Freeland
106 A.3d 768 (Superior Court of Pennsylvania, 2014)
Commonwealth v. Williams
106 A.3d 583 (Supreme Court of Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
Com. v. Edwards, C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-edwards-c-pasuperct-2025.