Com. v. Madison, D.
CourtSuperior Court of Pennsylvania
Date FiledOctober 20, 2026
Docket364 EDA 2026
JudgeStevens
StatusUnpublished
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Full Opinion
J-S35034-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
DENNIS KENNETH MADISON :
:
Appellant : No. 364 EDA 2026
Appeal from the PCRA Order Entered January 7, 2026
In the Court of Common Pleas of Delaware County Criminal Division at
No(s): CP-23-CR-0007654-2010
BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and STEVENS, P.J.E. *
MEMORANDUM BY STEVENS, P.J.E.: FILED OCTOBER 20, 2026
Appellant, Dennis Kenneth Madison, appeals pro se from the order
entered in the Court of Common Pleas of Delaware County denying his “Motion
to Compel Specific Performance of Plea Agreement and Award Time Credit.”
After our careful review, we affirm.
This Court has previously set forth the relevant facts and procedural
history, in part, as follows:
Shortly before midnight on September 1, 2009, Kymeen
Bennett was shot and killed while he was standing next to the
open window of a truck occupied by Michael Lane on Tenth Street
near the intersection with Booth Street in Chester City,
Pennsylvania. He sustained multiple gunshot wounds to the back
of the head. Mr. Lane located his firearm and returned fire. He
identified Appellant, whom he had known for more than fifteen
years, as the shooter, and he stated that he was wearing a black
hoodie and black jeans and holding a semi-automatic weapon. Mr.
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* Former Justice specially assigned to the Superior Court.
J-S35034-26
Lane saw two other persons with Appellant, but he could not
identify them.
Near the victim’s body, police found three 9mm shell
casings, consistent with Mr. Lane’s weapon. On the corner of
Tenth and Booth Streets, the investigators located twelve 7.62
shell casings, which are typically fired from assault weapons, and
twelve .22 caliber shell casings. This evidence was submitted for
ballistic analysis.
One week later, Detective Eugene Solgeugene, III, of the
Wilmington Delaware Police Department, was conducting a search
of a house at 510 East Ninth Street in Wilmington. Kevin Martin
was present at the time of the search. Police recovered several
firearms, including a .22 caliber JC Higgins rifle that ballistics
linked to the .22 caliber shell casings found at the scene of the
Chester City homicide. Thereafter, Mr. Martin gave a tape-
recorded statement to police in which he implicated himself and
Appellant in the shooting, and he identified Appellant as the
shooter. There was a third person involved, whom he knew only
as Appellant’s cousin, but who was identified later as Amir Tucker.
Martin’s statement confirmed Mr. Lane’s account of the shooting.
A criminal complaint was filed charging Appellant, Martin, and
Tucker with criminal homicide, criminal conspiracy, and other
related offenses, and warrants were issued for their arrest.
Appellant and Martin were scheduled for a joint trial.
Appellant filed a motion to suppress his oral and written
statements to police, as well as a photographic identification. Co-
defendant Martin filed a motion to suppress the .22 rifle that was
obtained pursuant to a search warrant and connected through
ballistics to the homicide herein. At a hearing on August 8, 2011,
all motions were either withdrawn or denied. Appellant’s counsel
moved to sever his case from co-defendant Martin’s case based
on the Bruton[1] issue presented by his statement implicating
Appellant. The court intimated that Martin’s statement would be
redacted to remove all references to Appellant, but the court did
not formally rule on the severance motion.
On September 30, 2011, Appellant entered a negotiated
guilty plea to third-degree murder and criminal conspiracy to
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1 Bruton v. United States, 391 U.S. 123 (1968) (precluding admission at a
joint trial of the co-defendant’s confession implicating the defendant as
violative of the defendant’s Sixth Amendment right of confrontation).
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commit murder, and the agreed-upon [aggregate] sentence of
seventeen and one-half years to forty years in prison was
imposed.[2] Appellant did not file a post-sentence motion nor seek
to withdraw his plea. He did not file a direct appeal.
Almost two years later, on July 2, 2013, Appellant filed a
motion for reconsideration of his sentence, which was denied as
untimely by order that same day.[3] Appellant filed a pro se PCRA
petition on November 10, 2016, which was treated as his first
petition. Counsel was appointed. In lieu of an amended petition,
counsel prepared and served upon Appellant a no-merit letter
pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa.
1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super.
1988) (en banc). [Counsel also] filed an application to withdraw
as counsel. On June 16, 2017, the PCRA court, following review
of counsel’s no-merit letter, granted counsel’s application to
withdraw, and the court issued notice to Appellant of its intent to
dismiss his petition without a hearing in twenty days.
Appellant objected to the proposed dismissal, and he alleged
that, after filing his pro se petition, he “uncovered potentially
exculpatory after-discovered evidence which was unavailable to
Petitioner during his trial, by means of a signed unsworn affidavit
from Petitioner’s co-defendant, Keith Martha,[4] which in essence,
outlines recantation testimony and exonerate[s] Petitioner of any
involvement in the incident in question.” Defendant’s Objections
to the Intent to Dismiss PCRA Petition Without a Hearing, 6/30/17,
at 1-2. He averred that this newly-discovered fact was discovered
in June 2017. Appended to his Objections was an “Unsworn
Affidavit” purportedly signed by Kevin Martha, in which the affiant
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2 In exchange for Appellant’s guilty plea, the Commonwealth withdrew a
charge of first-degree murder.
3 As this Court noted previously, the trial court should have treated the motion
for reconsideration as a PCRA petition, and counsel should have been
appointed to file an amended petition. However, the petition was facially
untimely.
4 Appellant’s co-defendants were Kevin Martin and Amir Tucker. In his
objections, Appellant referred to his co-defendant as “Keith Martha” and
“Kevin Martha.” It is unclear if “Keith Martha” or “Kevin Martha” is, in fact,
Kevin Martin; however, Kevin Martin was Appellant’s co-defendant, and he
made incriminating statements about Appellant to the police.
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stated that his statements implicating Appellant were false, that
they were made in retribution for Appellant’s involvement with
Kevin Martha’s girlfriend, and that Appellant was not with him or
involved in the shooting. Appellant asserted that this affidavit from
his co-defendant recanting his prior statement constituted a
newly-discovered fact for purposes of the timeliness exception.
On July 10, 2017, the PCRA court dismissed Appellant’s
petition without a hearing. Appellant [appealed].
Commonwealth v. Madison, No. 2357 EDA 2017, at *1-5 (Pa.Super. filed
6/18/18) (unpublished memorandum) (footnotes added) (footnotes omitted).
On appeal, this Court concluded Appellant’s PCRA petition was facially
untimely, and although Appellant sought to invoke the newly-discovered fact
exception based on the “Unsworn Affidavit” from someone identified as “Keith
Martha” or “Kevin Martha,” he failed to prove his entitlement to the exception.
See id. Accordingly, we affirmed the PCRA court’s order. See id.
On February 10, 2022, Appellant filed a pro se PCRA petition claiming
that he met the newly-discovered fact exception to the PCRA time bar based
on exculpatory evidence that was “not available until 2021 and did not come
to light until after [he] pled guilty.” Appellant’s Brief in Support of PCRA
Petition at 5.
On March 25, 2022, the PCRA court issued a Pa.R.Crim.P. 907 notice,
and Appellant filed a pro se response. Therein, he abandoned his newly-
discovered fact claim, and, instead, he argued he was entitled to the
governmental interference exception to the PCRA time bar. On May 15, 2022,
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the PCRA court issued an order dismissing Appellant’s petition, and Appellant
appealed.
On appeal, this Court found Appellant’s PCRA petition to be facially
untimely. See Commonwealth v. Madison, No. 1415 EDA 2022 (Pa.Super.
filed 3/22/23) (unpublished memorandum). Further, we noted that Appellant
claimed he was entitled to the governmental interference exception due to the
Commonwealth allegedly withholding “Brady[5] materials favorable to
Appellant, that was based on ballistic evidence, and a forensic analysis report
that the prosecution alleges ‘was not available,’ or ‘wasn’t in their possession’
during the pre-trial stage.” Id. at *7 (footnote added). While this Court
recognized that a Brady claim may fall within the governmental interference
and newly-discovered fact exceptions to the PCRA time bar, we concluded that
Appellant failed to demonstrate that his failure to raise the underlying Brady
claim earlier was the result of interference by government officials. We further
concluded that the record reflected that Appellant was aware of the alleged
Brady materials at the time his criminal proceedings began in 2011, and he
failed to explain why he waited until 2021 to obtain copies of the reports.
Accordingly, we affirmed the PCRA court’s order.
On or about September 23, 2025, Appellant filed a pro se document
entitled “Motion to Compel Specific Performance of Plea Agreement and Award
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5 See Brady v. Maryland, 373 U.S. 83 (1963).
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Time Credit.” Therein, Appellant averred that, on September 30, 2011, he
entered a negotiated plea agreement, and, “[a]s part of the plea agreement,
[he] was to receive credit for all time spent in custody on unrelated cases from
November 28, 2009, up to the time of sentencing in this case[.]” Appellant’s
Petition, filed 9/23/25, at 1. Appellant averred that he was never given credit
for “the time spent in custody on the unrelated cases from 11/28/2009
through 12/15/2010 as envisioned by the plea agreement.” Id. Appellant
contended that he is entitled to specific performance of his plea agreement,
and, thus, he should be given credit for time served from 11/28/2009 to
12/15/2010.
On November 25, 2025, the lower court provided Appellant with notice
of its intent to treat the petition under the auspices of the PCRA and to dismiss
it as untimely. On December 15, 2025, Appellant filed a response.
Specifically, Appellant averred that he is “seeking performance of a term of
the plea agreement, i.e., time credit for all time spent in custody on the instant
matter and unrelated case as agreed upon by the parties as accepted by the
[trial] court.” Appellant’s Response, filed 12/15/25, at 1. Accordingly, he
averred that his petition should not be treated under the auspices of the PCRA.
By order filed on January 7, 2026, the lower court dismissed Appellant’s
petition as an untimely PCRA petition. This timely pro se appeal followed, and
all Pa.R.A.P. 1925 requirements have been met.
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On appeal, Appellant sets forth the following issue in his “Statement of
the Questions Presented” (verbatim):
A. Did the trial court err by treating Appellant’s Motion to Compel
Specific Performance of Plea Agreement and Award Time Credit
Nunc Pro Tunc as an untimely PCRA petition and dismissing it
for failing to plead and prove a timeliness exception?
Appellant’s Brief at 4 (suggested answer omitted).
On appeal, Appellant contends that, on November 29, 2009, he was
arrested and charged at an “unknown docket number” with robbery and theft
in Delaware County, Pennsylvania, and, as a result thereof, he was
incarcerated from November 28, 2009, to January 20, 2010. Id. at 5. He
avers these charges were “dismissed on or about January 20, 2010,” but he
was then arrested and charged on November 29, 2010, in the instant case for
the murder of Mr. Bennett. Id. Thereafter, he remained in prison because of
the instant charges. Id. Appellant contends that he entered the negotiated
guilty plea in the instant case and “said plea was conditioned upon Appellant
receiving credit for all time spent in custody at both dockets.” Id. at 6. He
claims that the trial court “breached the agreement” by giving him credit for
solely the time he spent in custody for the instant case (i.e., from November
29, 2010, to September 30, 2011) as opposed to including the time he spent
in custody for his previous charges “at an unknown docket number” (i.e., from
November 28, 2009, to January 20, 2010). Appellant avers he is entitled to
specific performance of the plea agreement, and, thus, he is seeking to
enforce the plea agreement.
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Initially, we agree with Appellant that, inasmuch as he has phrased his
issue as seeking to enforce a negotiated plea agreement, he raises a claim
outside the ambit of the PCRA. Specifically, as this Court has previously held:
“[A] collateral petition to enforce a plea agreement is regularly treated as
outside the ambit of the PCRA and under the contractual enforcement theory
of specific performance.” Commonwealth v. Kerns, 220 A.3d 607, 611-13
(Pa.Super. 2019) (citations omitted).
Regarding the legal standards applicable to such a claim, we held as
follows in Kerns:
Contract interpretation is a question of law, so “[o]ur
standard of review over questions of law is de novo and to the
extent necessary, the scope of our review is plenary.” Plea
bargains play a critical role in the criminal justice system of this
Commonwealth[.]
***
Accordingly, it is critical that plea agreements are enforced,
to avoid any possible perversion of the plea bargaining system.
The disposition of criminal charges by agreement between the
prosecutor and the accused,...is an essential component of the
administration of justice. Properly administered, it is to be
encouraged. In this Commonwealth, the practice of plea
bargaining is generally regarded favorably, and is legitimized and
governed by court rule....A “mutuality of advantage” to
defendants and prosecutors flows from the ratification of the
bargain.
Assuming the plea agreement is legally possible to fulfill,
when the parties enter the plea agreement and the court accepts
and approves the plea, then the parties and the court must abide
by the terms of the agreement. Specific enforcement of valid plea
bargains is a matter of fundamental fairness. The terms of plea
agreements are not limited to the withdrawal of charges, or the
length of a sentence. Parties may agree to—and seek
enforcement of—terms that fall outside these areas.
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Although a plea agreement occurs in a criminal context, it
remains contractual in nature and is to be analyzed under
contract-law standards. Furthermore, disputes over any
particular term of a plea agreement must be resolved by objective
standards. A determination of exactly what promises constitute
the plea bargain must be based upon the totality of the
surrounding circumstances and involves a case-by-case
adjudication.
Any ambiguities in the terms of the plea agreement will be
construed against the Government. Nevertheless, the agreement
itself controls where its language sets out the terms of the bargain
with specificity. Regarding the Commonwealth’s duty to honor
plea agreements, well-settled Pennsylvania law states:
Our courts have demanded strict compliance
with that duty in order to avoid any possible
perversion of the plea bargaining system, evidencing
the concern that a defendant might be coerced into a
bargain or fraudulently induced to give up the very
valued constitutional guarantees attendant the right
to trial by jury.
Whether a particular plea agreement has been breached
depends on what the parties to the agreement reasonably
understood to be the terms of the agreement.
***
[T]he convicted criminal is entitled to the benefit of his
bargain through specific performance of the terms of the plea
agreement. Thus, a court must determine whether an alleged
term is part of the parties’ plea agreement. If the answer to that
inquiry is affirmative, then the convicted criminal is entitled to
specific performance of the term.
Kerns, 220 A.3d at 612-12 (citations, quotation marks, and quotations
omitted).
We have reviewed the record and the transcripts in the case sub judice.
Contrary to Appellant’s contention, there is no evidence that, as part of his
negotiated plea agreement, the parties agreed Appellant would receive credit
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for time he spent in custody from November 28, 2009, to January 20, 2010,
related to an “unknown docket number.” Rather, the written plea agreement
provides that, in exchange for the Commonwealth withdrawing a charge of
first-degree murder, Appellant would plead guilty to third-degree murder and
conspiracy to commit murder. Regarding credit for time served, the written
plea agreement provided: “The defendant shall receive such credit for time
served as he is entitled by the laws of the Commonwealth of Pennsylvania.”
Written Guilty Plea, filed 9/30/11.
During the guilty plea hearing, the Assistant District Attorney (“ADA”)
set forth the following terms of the negotiated guilty plea:
It is the Commonwealth’s understanding that [Appellant]
will be entering a Negotiated Plea of Guilty[.] The terms are as
follows: On Information A, Third Degree Murder, a Felony of the
First Degree, recommended sentence of 17½ to 40 years in SCI.
The Defendant is not RRRI eligible. And on Information B, Count
One, Criminal Conspiracy to Third Degree Murder, a Felony of the
First Degree, with a recommended sentence of 17½ to 40 years
in SCI, no RRRI, and this sentence to run concurrently with the
sentence on Information A.
N.T., 9/30/11, at 3.
Appellant’s counsel indicated the Commonwealth had correctly set forth
the agreed upon plea agreement, and Appellant understood the terms. Id. at
4. Appellant’s counsel asked Appellant the following question:
Now, you heard the recommendations of the District
Attorney when he put forth the negotiations, and you understand
if the Judge accepts it, accepts those negotiations, you are to be
sentenced to 17½ years to 40 years as to Murder in the Third
Degree and the same sentence, 17½ years to 40 years as to
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Conspiracy to that charge, those sentences to run concurrent, or
at the same time. Do you understand that?
Id. at 9. Appellant answered affirmatively. Id.
After the trial court concluded Appellant was voluntarily pleading guilty
to third-degree murder and conspiracy, the trial court asked if Appellant
wished to proceed immediately to sentencing or whether he wished to
continue sentencing for the preparation of a presentence investigation report.
Id. at 21. Appellant indicated a desire to proceed immediately to sentencing.
Id.
During sentencing, the following exchange occurred:
[APPELLANT’S COUNSEL]: Your Honor, he has been in custody
continuously in reference to this matter since November 28th of
2009, so I would ask that he be given credit from that date
forward in reference to the guilty plea and sentence.
THE COURT: The sentencing sheet routinely reflects, and it’s
already printed on the sheet that—
[APPELLANT’S COUNSEL]: Thank you.
THE COURT: -- he'll be provided with appropriate credit as
calculated.
[APPELLANT’S COUNSEL]: Your Honor,….I would ask that you
sentence in accordance with the plea negotiations, please. I've
advised [Appellant] of his right to allocution this morning, and he
does not wish to address the Court.
THE COURT: Thank you.
[ADA]: Judge, I'm sorry --
THE COURT: Mister --
[ADA]: I'm sorry to interrupt, but there's -- I believe [Appellant’s
counsel] said November 28th of 2009. My notes indicate it’s
November 2[9]th of 2010.
THE COURT: November 20th, 2010?
MR. DOHERTY: 20 --
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[APPELLANT]: No, it's not.
THE COURT: Well --
[ADA]: [Appellant] on this --
THE COURT: -- frankly, I don't intend to --
[APPELLANT’S COUNSEL]: Yeah.
THE COURT: -- put a specific date…on the sentencing sheet.
[APPELLANT’S COUNSEL]: His bracelet says 9[.]
THE COURT: I don't intend to put a specific date --
[ADA]: This wasn't filed until 2010.
THE COURT: Listen to me. I don't intend to put a specific date on
the sentencing sheet. I'm going to give him all appropriate credit
that he is legally entitled to.
[APPELLANT]: Yes.
THE COURT: So, it can be dealt with by the Department of
Corrections.
[APPELLANT’S COUNSEL]: Very well, Your Honor. Thank you.
THE COURT: Okay. [Appellant], is there anything you want to say?
[APPELLANT]: Uh-uh.
THE COURT: Nothing at all?
[APPELLANT]: No.
Id. at 23-24.
The trial court then sentenced Appellant to 17½ years to 40 years in
prison for third-degree murder, as well as 17 ½ years to 40 years in prison
for conspiracy. The sentences were imposed concurrently. The trial court
stated: “We’ll give you all appropriate credit for time served as appropriately
calculated.” Id. at 31.
Based on the aforementioned, there is no evidence that Appellant’s
guilty plea agreement contained a specific term that he would receive credit
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for time he spent in custody from November 28, 2009, to January 20, 2010,
related to an “unknown docket number.” Thus, we conclude Appellant is not
entitled to relief.6
For all of the foregoing reasons, we affirm. 7
Order affirmed.
Date: 10/20/2026
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6 We note there is no dispute the trial court ordered credit for time served. To
the extent Appellant’s claim may be construed as a challenge to the
Department of Corrections’ calculation of his credit for time served:
This Court [has] held that a PCRA petition is not the proper
method for contesting the [Department of Corrections’]
calculation of sentence. If the alleged error is thought to be the
result of an erroneous computation of sentence by the Bureau of
Corrections, then the appropriate vehicle for redress would be an
original action in the Commonwealth Court challenging the
Bureau’s computation.
Commonwealth v. Heredia, 97 A.3d 392, 394–95 (Pa.Super. 2014)
(citations omitted).
7 We may affirm on grounds other than those relied upon by the court below.
See Commonwealth v. Akhmedov, 216 A.3d 307, 314 (Pa.Super. 2019)
(en banc).
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