Com. v. Stansbury, K.
CourtSuperior Court of Pennsylvania
Date FiledNovember 3, 2026
Docket3134 EDA 2025
JudgeBender
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KAREEM J. STANSBURY :
:
Appellant : No. 3134 EDA 2025
Appeal from the PCRA Order Entered November 6, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0006485-2014
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KAREEM J. STANSBURY :
:
Appellant : No. 245 EDA 2026
Appeal from the PCRA Order Entered November 6, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0006484-2014
BEFORE: SULLIVAN, J., BECK, J., and BENDER, P.J.E.
MEMORANDUM BY BENDER, P.J.E.: FILED NOVEMBER 3, 2026
In these consolidated appeals,1 Kareem J. Stansbury (“Appellant”)
appeals pro se from the order that dismissed his petition filed pursuant to the
Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. After review,
we affirm the order denying relief.
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1 This Court consolidated Appellant’s cases sua sponte on February 6, 2026.
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This Court previously summarized the facts underlying Appellant’s
convictions in our decision affirming the dismissal of Appellant’s first PCRA
petition as follows:
Appellant drove up to a home in Philadelphia and fired shots at
two individuals sitting on the porch: Abdul Scott, his brother, and
Rachel Ostrow, a resident of the building. Appellant was charged
with various crimes related to the incident at two separate docket
numbers: one as to victim Scott (CP-51-CR-0006485-2014) and
one as to victim Ostrow (CP-51-CR-0006484-2014).
The two cases proceeded to a consolidated trial, at which
Appellant exercised his right to represent himself. After a mistrial
and a second trial, a jury convicted Appellant of two counts of
attempted murder, two counts of aggravated assault, and other
firearm-related crimes. Appellant was sentenced to an aggregate
term of thirty-five to seventy years of incarceration, followed by
seven years of probation. Appellant's pro se direct appeal,
involving both lower-court docket numbers, resulted in no relief.
Commonwealth v. Stansbury, 190 A.3d 719 (Pa. Super. 2018)
(unpublished memorandum).
Commonwealth v. Stansbury, 219 A.3d 157, 158 (Pa. Super. 2019),
appeal denied, 235 A.3d 1073 (Pa. 2020).2
On November 5, 2019, Appellant filed an untimely, second PCRA
petition, claiming that his sentence was illegal and asserting issues involving
double jeopardy and due process. On September 14, 2021, Appellant filed a
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2 Appellant had filed a timely pro se PCRA petition challenging, inter alia, the
sufficiency of the evidence. Appointed counsel filed a no-merit letter and
petition to withdraw under Commonwealth v. Turner, 544 A.2d 927 (Pa.
1988) and Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en
banc), maintaining that the issues raised were previously litigated. The PCRA
court granted counsel’s motion to withdraw and dismissed Appellant’s PCRA
petition. Appellant appealed to this Court, and we affirmed the denial of relief.
Stansbury, supra, 219 A.3d at 162.
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motion for leave to amend his pending petition, a proposed amended petition,
and a memorandum of law. Appellant’s pleadings did not address any
timeliness issue. The PCRA court did not grant Appellant leave to amend his
petition, and dismissed it without a hearing. This Court affirmed the denial of
relief, finding that the petition was untimely, without a statutory exception.
Commonwealth v. Stansbury, Nos. 215 EDA 2023, 2023 WL 6001117 (Pa.
Super. filed September 15, 2023) (unpublished memorandum).
While litigation of Appellant’s second PCRA petition was pending,
Appellant pursued relief in the federal courts. During this process, Appellant
received information from the Philadelphia District Attorney’s office regarding
police officers that had investigated his case. On September 25, 2023, days
after we affirmed the dismissal of his second PCRA petition, Appellant filed the
PCRA petition underlying these appeals, asserting that police officers had
engaged in misconduct while investigating his case. 3 The PCRA court initially
filed a notice that it intended to dismiss the petition as untimely filed, without
exception. Appellant contended that the governmental interference exception
and the newly discovered fact exceptions applied, making his petition timely.
The PCRA court ultimately dismissed Appellant’s petition on November 6,
2025. Appellant filed a timely notice of appeal, and the PCRA court filed a
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3 Appellant also filed a variety of pro se motions, including a motion for bail
pending PCRA relief, a motion seeking funding for experts, and several
motions seeking to expedite the resolution of his PCRA petition.
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memorandum on November 14, 2025, explaining that it dismissed the petition
as untimely.4
Appellant has raised the following issues in his Brief to this Court:
1. Did the PCRA court err[] when it dismissed the petition as
untimely under the government interference exception and the
newly discovered fact exception, when the PCRA court conflated
the timeliness analysis with a merits analysis in violation of the
Pennsylvania Supreme Court’s holdings in Commonwealth v.
Lambert, 884 A.2d 848 (Pa. 2005) and Commonwealth v. Abu-
Jamal, 941 A.2d 1263 (Pa. 2008).
2. Whether extraordinary circumstances exists, when the
clerk’s office failed to properly docket the Appellant’s Rule 600
motion to dismiss resulting in the deprivation of a pretrial hearing
and prejudice and the trial court relying on that mistake and not
conducting a hearing or ruling on the motion to dismiss or
conducting the two step speedy trial analysis which the previous
panel in this case also failed to conduct.
Appellant’s Brief at unnumbered page 3.
“We review the denial of a PCRA petition to determine whether the
record supports the PCRA court’s findings and whether its order is free of legal
error.” Commonwealth v. Min, 320 A.3d 727, 730 (Pa. Super. 2024)
(citation omitted). The scope of our review is “limited to the findings of the
PCRA court and the evidence of record, viewed in the light most favorable to
the prevailing party at the trial level.” Commonwealth v. Hanible, 30 A.3d
426, 438 (Pa. 2011) (citation omitted). We defer to the factual findings of the
post-conviction court, which was tasked with hearing the evidence and
____________________________________________
4 The PCRA court did not order Appellant to file a statement under Pa.R.A.P.
1925(b).
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assessing witness credibility. Commonwealth v. Johnson, 289 A.3d 959,
979 (Pa. 2023). The PCRA court’s legal determinations, however, are subject
to de novo review. Commonwealth v. Nero, 58 A.3d 802, 805 (Pa. Super.
2012).
Before addressing the merits of Appellant’s claims, we must first
determine whether his petition was timely filed.
The timeliness of a PCRA petition is a jurisdictional requisite. The
PCRA time limitations implicate our jurisdiction and may not be
altered or disregarded in order to address the merits of the
petition. In other words, Pennsylvania law makes clear [that] no
court has jurisdiction to hear an untimely PCRA petition. The
PCRA requires a petition, including a second or subsequent
petition, to be filed within one year of the date the underlying
judgment becomes final. 42 Pa.C.S. § 9545(b)(1). A judgment
of sentence is final “at the conclusion of direct review, including
discretionary review in the Supreme Court of the United States
and the Supreme Court of Pennsylvania, or at the expiration of
time for seeking the review.” 42 Pa.C.S. § 9545(b)(3).
Commonwealth v. Ballance, 203 A.3d 1027, 1031 (Pa. Super. 2019)
(cleaned up) (emphasis in original).
Further, the PCRA provides three exceptions to the timeliness
requirement:
Generally, to obtain merits review of a PCRA petition filed more
than one year after the sentence became final; the Appellant must
allege and prove at least one of the three timeliness exceptions.
See 42 Pa.C.S. § 9545(b)(1)(i)-(iii). The Appellant must allege
and prove:
(i) the failure to raise the claim previously was the result of
interference by government officials with the presentation
of the claim in violation of the Constitution or laws of this
Commonwealth or the Constitution or laws of the United
States;
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(ii) the facts upon which the claim is predicated were
unknown to the petitioner and could not have been
ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right that was
recognized by the Supreme Court of the United States or
the Supreme Court of Pennsylvania after the time period
provided in this section and has been held by that court to
apply retroactively.
42 Pa.C.S. § 9545(b)(1)(i)-(iii). The PCRA petitioner bears the burden to
allege and prove that one of the timeliness exceptions applies to their case.
Commonwealth v. Marshall, 947 A.2d 714, 719 (Pa. 2008). Any petition
invoking a timeliness exception under this section “shall be filed within one
year of the date the claim could have been presented.” 42 Pa.C.S.
§ 9545(b)(2). Moreover, it is well-settled that “no court may disregard, alter,
or create equitable exceptions to the timeliness requirement in order to reach
the substance of a petitioner's arguments.” Commonwealth v. Williams,
324 A.3d 569, 576 (Pa. Super. 2024), appeal denied, 333 A.3d 304 (Pa.
2025).
In the case at bar, this Court affirmed Appellant’s judgment of sentence
on April 17, 2018. Appellant’s judgment of sentence thus became final on
May 17, 2018, when the thirty-day period for seeking review with our
Supreme Court expired. See Pa.R.A.P. 1113(a) (“a petition for allowance of
appeal shall be filed with the Prothonotary of the Supreme Court within 30
days after the entry of the order of the Superior Court”); Commonwealth v.
Smith, 310 A.3d 94, 103 (Pa. 2024) (holding that, for PCRA purposes, the
appellant’s judgment of sentence becomes final when the time expires for
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seeking direct review of a judgment of sentence). Accordingly, Appellant had
until May 17, 2019, to file a timely PCRA petition. 42 Pa.C.S. § 9545(b)(1)
(“Any petition under this subchapter, including a second or subsequent
petition, shall be filed within one year of the date the judgment becomes
final”). Appellant’s PCRA petition was filed on September 25, 2023, making it
patently untimely.
Appellant claims that both the governmental interference and the newly
discovered fact exceptions apply to his PCRA petition such that it should be
deemed timely and reviewed on the merits.
In support of his claim of governmental interference, Appellant
maintains that, during the litigation of his federal habeas corpus claim, via a
letter dated September 9, 2022, he received a disclosure packet from the
Philadelphia District Attorney’s Office, informing him that Sergeant Todd
Landherr, Officer Jesus Cruz, and Officer Ricardo Rosa had been identified as
“officers who may have engaged in misconduct that necessitates disclosure.”
See, Letter dated 9/9/2022 to Appellant, attached to his pro se PCRA petition
as Exhibit A, filed September 25, 2023 (“Exhibit A”). Appellant also claims to
have discovered that other officers in his case have appeared on a “do not
call” list. Appellant asserts that the Commonwealth had suppressed this
evidence relating to the officers’ misconduct, amounting to a violation of
Brady v. Maryland, 373 U.S. 83 (1963), which in turn establishes the
governmental interference exception to the timeliness requirement.
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Nowhere in his petition or his Brief to this Court does Appellant state
when he received this information with any more specificity; accordingly, we
use the September 9, 2022 date as the date of disclosure. See Natividad,
200 A.3d at 28 (finding that the date of the disclosure of the information to
the petitioner, i.e., the date that the Commonwealth produced the
information, is the proper date to use when determining if a petition was
timely).
We repeat that, for any claim regarding this letter to be timely raised,
Appellant’s PCRA petition must have been filed within one year of his discovery
of that information. See 42 Pa.C.S. § 9545(b)(2). However, we note that
Appellant’s discovery occurred while his previous PCRA petition was pending
on appeal. Because the prior petition was on appeal, the PCRA court had no
jurisdiction to adjudicate issues related to the case. See Commonwealth v.
Lark, 746 A.2d 585, 588 (Pa. 2000) (“[W]hen an appellant’s PCRA appeal is
pending before a court, a subsequent PCRA petition cannot be filed until the
resolution of review of the pending PCRA petition[.]”). See also
Commonwealth v. Montgomery, 181 A.3d 359, 364 (Pa. Super. 2018) (en
banc) (holding that “Lark precludes consideration of a subsequent petition
from the time a PCRA order is appealed until no further review of that order
is possible”). Appellant could not file a new PCRA petition based upon this
new information until the prior appeal was complete. “Where a prior petition
is pending on appeal, a subsequent petition must be filed within the time limits
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set forth in Section 9545(b)(2) as measured from the date of the order
that finally resolves the appeal in the prior petition, because that date is
the first date the claim could be presented.” Commonwealth v. Beatty, 207
A.3d 957, 963 (Pa. Super. 2019) (emphasis added). Here, Appellant’s appeal
of his prior petition became final when this Court affirmed the denial of relief
on September 15, 2023. The PCRA petition under review was filed on
September 25, 2023. As the petition was filed within one year of the
resolution of Appellant’s prior appeal, we conclude that the trial court erred in
finding it untimely. Accordingly, we consider the merits of his claims on
appeal.5
Brady violation
Appellant has asserted that the Commonwealth’s failure to turn over
evidence related to the misconduct of officers in his trial is a Brady violation.
“It is well-settled [that] a Brady violation may fall within the governmental
interference exception.” Commonwealth v. Natividad, 200 A.3d 11, 28 (Pa.
2019). To obtain relief under this theory, a petitioner “must plead and prove
____________________________________________
5 Because we conclude that Appellant filed his PCRA petition within the
prescribed time period, we acknowledge that we could remand for the PCRA
court to address Appellant’s claims in the first instance. However, because
we find Appellant’s claims are meritless, remand would be futile, and remand
is therefore unnecessary. See Commonwealth v. Fears, 86 A.3d 795, 805
(Pa. 2014) (noting that an appellate court need not remand when a remand
would be futile). Moreover, we note that the PCRA court did not address the
merits of Appellant’s claims; however, this Court may affirm the denial of
PCRA relief on any legal basis supported by the record. Commonwealth v.
Parker, 249 A.3d 590, 595 (Pa. Super. 2021).
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the failure to previously raise the claim was the result of interference by
government officials, and the information could not have been obtained earlier
with the exercise of due diligence.” Commonwealth v. Abu-Jamal, 941
A.2d 1263, 1268 (Pa. 2008).
An appellant must prove three things to establish a Brady violation, “(1)
the evidence at issue is favorable to the accused, either because it is
exculpatory or because it impeaches; (2) the evidence was suppressed by the
prosecution, either willfully or inadvertently; and (3) prejudice ensued.”
Commonwealth v. Spotz, 47 A.3d 63, 84 (Pa. 2012). Brady imposes an
affirmative duty on the Commonwealth to disclose to the defendant all
favorable evidence material to guilt or punishment, even in the absence of a
request for the same. Commonwealth v. Thomas, 323 A.3d 611, 638-39
(Pa. 2024). Brady material has also been held to include evidence that would
impeach the credibility of a witness, i.e., evidence of dishonest acts, bias,
motive, and any other evidence tending to affect witness credibility.
Commonwealth v. Chmiel, 30 A.3d 1111, 1130 (Pa. 2011). “In order to be
entitled to a new trial for failure to disclose evidence affecting a witness’s
credibility, the defendant must demonstrate that the reliability of the witness
may well be determinative of his guilt or innocence.” Id. at 1130-31.
Evidence of police misconduct in an unrelated case may be relevant for
impeachment purposes. Commonwealth v. Brown, 134 A.3d 1097, 1109
(Pa. Super. 2016).
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Moreover, while impeachment evidence may attack the credibility of a
primary witness against the accused and can be critical evidence that is
material to a case, “mere conjecture … is not sufficient to establish a Brady
violation.” Chmiel, supra, 30 A.3d at 1131. Defendants alleging a Brady
violation face a high bar, as “[t]he mere possibility that an item of undisclosed
information might have helped the defense, or might have affected the
outcome of the trial, does not establish materiality in the constitutional sense.”
Commonwealth v. Chambers, 807 A.2d 872, 887 (Pa. 2002) (citation
omitted).
Here, Appellant attached a letter from the District Attorney’s Office
stating that Officers Ricardo Rosa, Jesus Cruz, and then-Sergeant (now
Lieutenant) Todd Landherr “may have engaged in misconduct that
necessitates disclosure.” See Exhibit A.
The offensive material related to Officer Cruz involves Facebook posts
which purportedly exhibit racial bias. However, Officer Jesus Cruz did not
testify at Appellant’s trial. Thus, the credibility of this officer was not directly
determinative of Appellant’s guilt. Appellant’s brief does not even mention
Officer Cruz at all, or explain how he was involved in the investigation into his
case. In sum, Appellant fails to develop an argument that the Commonwealth
concealed any evidence regarding this officer prior to his trial and has not
demonstrated how misconduct evidence concerning Officer Cruz was material
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to his defense; accordingly, there can be no Brady violation related to this
officer. Chmiel, supra.
Officer Ricardo Rosa did testify at Appellant’s trial as he was the first
officer to respond to the 911 call. See N.T. Trial (Jury), 5/25/16, at 201-221.
According to Exhibit A, Officer Rosa was under investigation stemming from
testimony provided in an unrelated case that occurred on December 6, 2019.
Appellant was convicted on May 27, 2016. Appellant does not explain how
the officer’s alleged misconduct in December 2019 impacted his 2016
conviction; in fact, like with Officer Cruz or any of the officers included in the
disclosure letter, he utterly fails to argue how Officer Rosa committed
misconduct in this case. More importantly, even if Officer Rosa provided false
testimony in December 2019, this information could not have been in the
hands of the Commonwealth prior to Appellant’s trial. There was simply no
information for the Commonwealth to disclose relevant to the officer in 2016
or earlier. Accordingly, any claim of prejudice related to this officer is mere
speculation and conjecture, which cannot prove a Brady violation. Chmiel,
supra.
Finally with respect to the officers in the disclosure notice, Lieutenant
Todd Landherr testified at Appellant’s trial that he was the second officer on
the scene. N.T. Jury Trial Vol. 2, 5/26/16, at 44-61. According to the
disclosure notice, Lieutenant Landherr was the subject of an “ongoing Internal
Affairs investigation” as of September 9, 2022. See Exhibit A. Appellant
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provides no details of this investigation, does not relate it to the facts of his
own case, and makes no claim that the investigation concerns events from
the time of his arrest and conviction in 2016. As there is no evidence that the
Commonwealth knew of any potential misconduct by the officer during the
period encompassing the investigation into Appellant’s case and his trial,
Appellant’s claim must fail. The duty to disclose evidence under Brady is
limited to information in the possession of the government bringing the
prosecution; Appellant has failed to prove, by reference to the record, that
evidence of Lieutenant’s alleged misconduct was withheld or suppressed by
the Commonwealth. There is no Brady violation here. Chmiel, supra.
Appellant also mentions a “do not call” list that he has obtained which
included officers “Goodwin and Welsh.”6, 7 We note that no officer named
Goodwin testified at Appellant’s trial; thus, Appellant cannot demonstrate how
any misconduct related to him was material to his defense, and no Brady
violation can be maintained. Chmiel, supra. With respect to officer Gregory
Welsh, he was a firearms expert who testified at Appellant’s trial about the
general workings of handguns. N.T. Jury Trial, Vol. 2, at 112-128. However,
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6 Appellant does not provide the first name of Officer Goodwin, although the
Commonwealth states that it is Joseph. The other officer is Gregory Welsh.
See Commonwealth’s Brief at 11.
7 Appellant included a document entitled “Injustice Revealed” as Exhibit B to
his PCRA petition, which lists the names of various police officers from
Philadelphia who purportedly are the subject of criminal investigation or
disciplinary actions. He does not explain how he obtained this document.
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there is no listing of a “Gregory Welsh” in Exhibit B, the “do not call” list. Thus,
Appellant’s claims related to this officer must also fail.
Based upon the foregoing, Appellant has failed to establish a Brady
violation related to these officers. We thus turn to his claim of newly-
discovered evidence.
After-discovered evidence
Initially, we note that there is a distinction between the newly-
discovered fact exception to the timeliness of a PCRA petition under 42 Pa.C.S.
§ 9545(b)(1)(ii) and a substantive after-discovered evidence claim. To
establish the timeliness exception, a PCRA petitioner must establish that the
facts upon which his claim is predicated were unknown to him and they could
not have been ascertained by the exercise of due diligence. Commonwealth
v. Cox, 146 A.3d 221, 227 (Pa. 2016). Appellant correctly notes that this
exception does not require any merits analysis of the underlying claim. Id.
Once jurisdiction has been properly invoked, however, the relevant
inquiry changes. At that point, the PCRA provides relief if a petitioner can
prove that “a claim alleging the unavailability at the time of trial of exculpatory
evidence that has subsequently become available and would have changed
the outcome of the trial if it had been introduced.” 42 Pa.C.S.
§ 9543(a)(2)(vi).
Appellant maintains that the information contained in Exhibits A and B
require the grant of a new trial because they are after-discovered evidence.
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He explains his reasoning as follows in his brief to this Court:
The appellant avers that his petitions proved the newly discovered
fact exception. Because the Commonwealth’s investigation into
the police officers. And the officers priors unrelated misconducts.
Were new facts since he was unaware that an investigation was
opened and that the officers had a history of misconducts. Until
2022 during the federal habeas proceeding when the
Commonwealth disclosed this information for the first time by
letter. And that he could not have obtained this information earlier
with the exercise of due diligence since he was denied access to
the police files.
Even if the appellant had to proves that he was unaware of the
Commonwealth’s investigation. And the officers prior
misconducts. That burden was met since he provided the PCRA
court with a copy of the Commonwealth disclosure letter and
federal response. Conceding that the evidence was suppressed
and was favorable to the appellant. The evidence submitted
demonstrated that the Commonwealth’s investigation and
discovering of the officer’s misconducts was opened years after
the appellant’s conviction became final. Unlike [Commonwealth
v. Stokes, 959 A.2d 306 (Pa. 2008)], where the appellant was
aware of the records years before obtaining them. Here, the
appellant was not aware of the investigation or prior misconducts.
Therefore, the petition proved the newly discovered fact
exception.
Appellant’s Brief at 34-35 (verbatim). Appellant never explains more fully
how the after-discovered evidence related here impacted the investigation or
litigation of his own case.
Once again, to justify the grant of a new trial on the basis of after-
discovered evidence, “the evidence must have been discovered after the trial
and must be such that it could not have been obtained at the trial by
reasonable diligence, must not be cumulative or merely impeach credibility,
and must be such as would likely compel a different result[.]”
Commonwealth v. Small, 189 A.3d 961, 972 (Pa. 2018). A petitioner must
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establish each element of a four-part test to demonstrate that a new trial is
warranted, and the lack of any of these factors will be fatal to the request for
a new trial. Id.
[T]his four-part test requires the petitioner to demonstrate [that]
the new evidence: (1) could not have been obtained prior to the
conclusion of the trial by the exercise of reasonable diligence; (2)
is not merely corroborative or cumulative; (3) will not be used
solely to impeach the credibility of a witness; and (4) would likely
result in a different verdict if a new trial were granted. The test
applies with full force to claims arising under Section
9543(a)(2)(vi) of the PCRA. In addition, we have held the
proposed new evidence must be producible and admissible.
Id. (internal citations omitted).
Because the failure to establish any one of the four prongs of the after-
discovered evidence test results in a denial of the claim, we proceed to the
third prong, which defeats Appellant’s arguments. We note that Appellant has
utterly failed to relate any of his claims to the evidence in this case.
Accordingly, we can discern no relevant purpose for this information to be
admissible at his trial other than for impeachment purposes. This does not
provide Appellant the relief he seeks. “[A] defendant seeking a new trial must
demonstrate [that] he will not use the alleged after-discovered evidence solely
to impeach the credibility of a witness.” Commonwealth v. Padillas, 997
A.2d 356, 365 (Pa. Super. 2010). See also Brown, supra (rejecting an
after-discovered evidence claim related to police misconduct disclosures in
unrelated criminal cases because the evidence merely impeached the officer’s
credibility). Appellant fails to demonstrate that the evidence related to these
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police officers would not be used solely for purposes of impeachment or that
a different verdict would be a likely result if the evidence had been admitted
at trial.
Accordingly, while we agree that the PCRA court erred in finding that
Appellant’s petition was untimely filed, Appellant has not established that he
is entitled to a new trial based upon the disclosures herein.
Rule 600
In the second issue raised in his Brief to this Court, Appellant asserts
that he had filed a pro se motion to dismiss his case prior to his trial due to a
violation of Pa.R.Crim.P. 600 and his speedy trial rights, which was never
docketed or ruled upon. Appellant argues that this was a breakdown in the
processes of the court and that his charges should be dismissed due to this
violation of his rights. However, in addition to the fact that this claim has no
apparent connection to his timeliness exceptions, Appellant did not include
this claim in his PCRA petition; thus, it is waived. See Commonwealth v.
Santiago, 855 A.2d 682, 691 (Pa. 2004) (stating, “a claim not raised in a
PCRA petition cannot be raised for the first time on appeal” because
“[p]ermitting a PCRA petitioner to append new claims to the appeal already
on review would wrongly subvert the time limitation and serial petition
restrictions of the PCRA.”); Commonwealth v. Mason, 130 A.3d 601, 627
(Pa. 2015) (noting that claims raised outside of a court-authorized PCRA
petition are subject to waiver).
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After review, we conclude that the PCRA court erred by finding
Appellant’s petition was untimely filed. Nonetheless, Appellant has failed to
raise a meritorious claim. Accordingly, we affirm the order denying PCRA
relief.
Order affirmed.
Date: 11/3/2026
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