Wakefield, D. v. Zaken, M.

CourtSuperior Court of Pennsylvania
DecidedAugust 10, 2021
Docket1066 WDA 2020
StatusUnpublished

This text of Wakefield, D. v. Zaken, M. (Wakefield, D. v. Zaken, M.) 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
Wakefield, D. v. Zaken, M., (Pa. Ct. App. 2021).

Opinion

J-S11003-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

DALE MICHAEL WAKEFIELD IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant

v.

MICHAEL ZAKEN

Appellee No. 1066 WDA 2020

Appeal from the Order Entered September 23, 2020 In the Court of Common Pleas of Somerset County Civil Division at No.: 2020-50505

BEFORE: STABILE, J., KUNSELMAN, J., and COLINS, J.*

MEMORANDUM BY STABILE, J.: FILED: AUGUST 10, 2021

Appellant Michael Zaken pro se appeals from the September 23, 2020

order entered in the Court of Common Pleas of Somerset County (“trial

court”), dismissing his third petition for writ of habeas corpus and denying his

third request to proceed in forma pauperis (“IFP”). Upon review, we affirm.

The facts and procedural history of this case are uncontested.1 Since

2014, Appellant has been serving a life sentence at SCI-Somerset imposed

after he pled guilty to murder and aggravated assault. In early 2018, the

Commonwealth charged Appellant with criminal homicide, assault by prisoner,

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1 Unless otherwise specified, these facts come from this Court’s June 3, 2020

Memorandum decision affirming the trial court’s dismissal of Appellant’s second petition for writ of habeas corpus and denying his second IFP petition. Wakefield v. Gilmore, No. 1371 WDA 2019, unpublished memorandum, at 1-3 (Pa. Super. filed June 3, 2020). J-S11003-21

and aggravated assault after prison staff discovered Appellant’s cellmate dead

in their shared cell in the restricted housing unit. The Commonwealth filed a

notice of aggravating circumstances and intent to seek the death penalty.

Appellant waived his right to counsel and filed numerous pro se pretrial

motions.

On May 2, 2018, Appellant pro se filed his first request to proceed IFP

and his first petition for writ of habeas corpus (docket number 249 Civil 2018),

claiming that criminal homicide is not a valid charge and that it, therefore,

fails to confer necessary subject matter jurisdiction over his case to the court

of common pleas. The civil division of the Somerset County Court of Common

Pleas transferred the petition to the criminal division for disposition. On

January 25, 2019, following a hearing, the criminal division (trial court) denied

the petition. Appellant did not appeal this ruling.

On August 15, 2019, Appellant again filed in the civil division a pro se

petition for writ of habeas corpus—his second—and a request to proceed IFP

(docket number 517 Civil 2019) raising the same issues and presenting the

same arguments as in his May 2, 2018 petition, i.e., that criminal homicide is

a non-existent offense and that the criminal division of the court of common

pleas, therefore, lacked subject matter jurisdiction. The civil division declined

to transfer the second petition to the criminal division and, instead, dismissed

the petition and denied Appellant’s request to proceed IFP. Appellant pro se

appealed. Relying on the doctrine of res judicata, we affirmed the trial court’s

ruling on June 3, 2020. We reasoned that the claims raised in Appellant’s

-2- J-S11003-21

second petition mirrored the claims presented in his first petition, which was

adjudicated by the criminal division of the trial court. Specifically, we

concluded that the factual allegations in the petitions were the same, the acts

giving rise to the relief sought by Appellant were the same, the identity and

capacity of the parties were the same, and the relief sought was the same.

On September 17, 2020, Appellant filed the instant—his third—petition

for writ of habeas corpus and request to proceed IFP in the civil division. In

the petition, Appellant alleged that he “is being illegally, fraudulently, and

unlawfully confined and restrained of his liberty at State Correctional Institute-

Greene . . . by [r]espondent Michael Zaken, as superintendent.” Petition for

Writ of Habeas Corpus, 9/17/20, at ¶ 4. In particular, Appellant challenged

the enforceability of Section 2501(a) of the Crimes Code, 18 Pa.C.S.A. §

2501(a), relating to criminal homicide and alleged that “there is no lawful,

legal process that can be assumed to justify the illegal, false imprisonment,

detention and warehousing of [Appellant].” Id. at ¶ 7. On September 23,

2020, the trial court denied the petition with prejudice, noting that it was

barred by the doctrine of res judicata, as applied by this Court in its June 3,

2020 Memorandum decision issued in connection with Appellant’s appeal from

the trial court’s denial of his second habeas corpus petition. Appellant pro se

timely appealed. Both the trial court and Appellant complied with Pa.R.A.P.

1925.

On appeal, Appellant presents two handwritten issues for our review,

which we reproduce verbatim.

-3- J-S11003-21

[I.] Whether the lower court judge flagrantly abused his discretion to deny the writ of habeas corpus and the fraud perpetrated caused a complete and fundamental miscarriage of justice issued fatally depriving [Appellant] of his constitutional rights to due process under the United States and Pennsylvania constitutions where the courts to include quasi court of original jurisdiction lacked subject matter jurisdiction to prosecute in the instant related matter[.]

[II.] Whether the lower court judge flagrantly abused his discretion disregarding Commonwealth v. McKenna, 476 Pa. 428, 383 A.2d 174 (1978 Pa. Lexis 831) and Commonwealth v. Kemmerer, 526 Pa. 160, 584 A.2d 940 (Pa. 1991), both Pennsylvania Supreme Court precedents that must be applied in accordance to the constitutional safeguards of substantive due process, thus invoking the void ab initio doctrine to wit and the writ of habeas corpus must issue[.]

Appellant’s Brief at iv (sic) (unnecessary capitalizations omitted). In essence,

he opposes the trial court’s dismissal of his third petition for writ of habeas

corpus by which he challenged the enforceability of Section 2501(a), criminal

homicide.2

Upon reviewing the record, as detailed above, we must agree with the

trial court’s conclusion that, consistent with our June 3, 2020 Memorandum

decision, the claims raised in Appellant’s third petition for writ of habeas

corpus are barred by the doctrine of res judicata. Indeed, pursuant to the

doctrine of res judicata, once a court of competent jurisdiction considers and

decides an issue, the court’s final judgment constitutes an absolute bar to a

subsequent action involving the same claim. Mariner Chestnut Partners,

2 We review the denial of a petition for writ of habeas corpus for an abuse of

discretion. Rivera v. Pa. Dep’t of Corr., 837 A.2d 525, 528 (Pa. Super. 2003).

-4- J-S11003-21

L.P. v. Lenfest, 152 A.3d 265, 286 (Pa. Super. 2016). The application of res

judicata “reflects the refusal of the law to tolerate a multiplicity of litigation.”

Day v. Volkswagenwerk Aktiengesellschaft, 464 A.2d 1313, 1316 (Pa.

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Related

Day v. Volkswagenwerk Aktiengesellschaft
464 A.2d 1313 (Supreme Court of Pennsylvania, 1983)
Rivera v. Pennsylvania Department of Corrections
837 A.2d 525 (Superior Court of Pennsylvania, 2003)
Dempsey v. Cessna Aircraft Co.
653 A.2d 679 (Superior Court of Pennsylvania, 1995)
Commonwealth v. McKenna
383 A.2d 174 (Supreme Court of Pennsylvania, 1978)
Mariner Chestnut Partners, L.P. Ex Rel. Lamm v. Lenfest
152 A.3d 265 (Superior Court of Pennsylvania, 2016)
Robinson Coal Co. v. Goodall
72 A.3d 685 (Superior Court of Pennsylvania, 2013)
Commonwealth v. Kemmerer
584 A.2d 940 (Supreme Court of Pennsylvania, 1991)

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Bluebook (online)
Wakefield, D. v. Zaken, M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/wakefield-d-v-zaken-m-pasuperct-2021.