Commonwealth v. Shannon

184 A.3d 1010
Superior Court of Pennsylvania·Decided April 24, 2018·No. No. 1817 MDA 2016·Published·Cited by 36 cases

Opinion

OPINION BY STRASSBURGER, J.:

*1012Emanon K. Shannon (Appellant) appeals from the October 4, 2016 order which denied his petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541 - 9546.1 We affirm.

On March 10, 2006, a jury convicted Appellant of robbery, aggravated assault, kidnapping, criminal conspiracy, and two firearms violations for his involvement in shooting one victim and kidnapping and holding another victim captive at gunpoint in a motel room. On April 27, 2006, the trial court sentenced Appellant to an aggregate term of 45 to 90 years of incarceration.2 Appellant filed a direct appeal,3 and this Court affirmed Appellant's judgment of sentence on August 21, 2007. Commonwealth v. Shannon , 935 A.2d 22 (Pa. Super. 2007) (unpublished memorandum). Appellant did not file a petition for allowance of appeal to our Supreme Court.

On November 11, 2007, Appellant filed pro se his first PCRA petition. On December 6, 2007, the PCRA court appointed counsel, William Shreve, Esquire, to represent Appellant. On April 11, 2008, Attorney Shreve filed a Turner / Finley4 "no merit" letter with the PCRA court. On April 16, 2008, the PCRA court issued an order granting PCRA counsel's petition to withdraw and giving Appellant notice of the PCRA court's intent to dismiss the PCRA petition pursuant to Pa.R.Crim.P. 907. Thereafter, Appellant filed several pro se documents with the PCRA court. On December 31, 2008, the PCRA court issued an order which appointed Jeffrey B. Engle, Esquire, to represent Appellant, and scheduled a PCRA hearing.

On June 4, 2009, the PCRA court denied Appellant's PCRA petition following an evidentiary hearing, and this Court affirmed that order on August 27, 2010. Commonwealth v. Shannon , 11 A.3d 1040 (Pa. Super. 2010) (unpublished memorandum).

Appellant filed pro se his second PCRA Petition on October 20, 2010, and the PCRA court appointed Jonathan Crisp, Esquire, to represent Appellant.5 On January 6, 2011, the PCRA court granted Appellant's request for reinstatement of his right to file a petition for allowance of appeal to the Supreme Court nunc pro tunc . Counsel did not file the petition for allowance of appeal, but instead filed a Turner / Finley "no merit" letter with the PCRA court. On February 15, 2011, the PCRA court granted Attorney Crisp's motion to withdraw as counsel, and permitted Appellant pro se to file a petition for allowance of appeal to the Supreme Court.6

*1013On February 8, 2016, represented by Lynn A. Ellenberger, Esquire of the Federal Public Defender's Office, Appellant filed the instant PCRA petition, his third.7 In that petition, Appellant argues that he is entitled to a "new trial because it has been revealed that various members of the Dauphin County criminal justice system have been identified as receiving emails that have embroiled Supreme Court Justice J. Michael Eakin in proceedings before the Judicial Conduct Board [ (JCB) ] at a time when [Appellant's] post-conviction proceedings were pending." PCRA Petition, 2/8/2016, at ¶ 1. According to Appellant, "individuals involved in his proceedings may also have been privy to additional emails reflecting a bias against African-American persons and persons involved in the criminal justice system." Id . at ¶ 2. Based on the foregoing, Appellant "argues that his claims demonstrate that his trial, direct appeal and PCRA proceedings involved a miscarriage of justice." Id . at ¶ 45. He claims that the "shared, highly offensive emails during the pendency of [Appellant's] post-conviction proceedings case creates the appearance, if not the actuality, of bias against [Appellant's] interests." Id . at ¶ 51. Furthermore, Appellant recognized that his petition was facially untimely, but argued that the PCRA court had jurisdiction pursuant to either the newly-discovered facts8 exception or the governmental-interference9 exception to the PCRA time bar. Id . at ¶ 42.

On March 10, 2016, Appellant, through counsel, filed a petition entitled "Motion for the Dauphin County Bench to Recuse Itself and to Disqualify the Dauphin County District Attorney's Office." In that motion, he set forth the following:

Since the filing of the [PCRA petition], [Appellant], who is African-American, has obtained one racially offensive email that contains images and accompanying commentary which makes fun of African-American individuals, communities and sensibilities, and generally contains racially insensitive and inappropriate stereotypes. This one email, which was sent to 123 recipients, has confirmed [Appellant's] suspicions: that many individuals involved in the criminal justice system in Dauphin County-even individuals using a "dauphinc.org" government email address-are privy to this and other racially insensitive emails showing an overall bias against individuals of color, making his trial, appeal and post-conviction proceedings inherently flawed and unconstitutional. Because this racist email was so widely shared, [Appellant] will not be able to have his instant post-conviction [p]etition adjudicated *1014fairly and impartially. As a result, he moves to recuse the entire Dauphin County bench from presiding over this matter, and moves to disqualify the Dauphin County District Attorney's Office from representing the Commonwealth in this proceeding, which motion should be heard by a newly-appointed judge.

Motion to Recuse, 3/10/2016, at ¶ 2.

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Commonwealth v. Shannon, 184 A.3d 1010 (Pa. Ct. App. 2018).

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