Com. v. Hamilton, S.
CourtSuperior Court of Pennsylvania
Date FiledOctober 21, 2026
Docket1718 MDA 2025
JudgeLazarus
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37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. :
:
:
SHAWN JAMES HAMILTON :
:
Appellant : No. 1718 MDA 2025
Appeal from the PCRA Order Entered November 19, 2025
In the Court of Common Pleas of Luzerne County Criminal Division at
No(s): CP-40-CR-0000099-2013
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
SHAWN JAMES HAMILTON :
:
Appellant : No. 1719 MDA 2025
Appeal from the PCRA Order Entered November 19, 2025
In the Court of Common Pleas of Luzerne County Criminal Division at
No(s): CP-40-CR-0003751-2012
BEFORE: LAZARUS, P.J., STABILE, J., and BENDER, P.J.E.
MEMORANDUM BY LAZARUS, P.J.: FILED: OCTOBER 21, 2026
Shawn James Hamilton appeals pro se from the order, entered in the
Court of Common Pleas of Luzerne County, denying his ninth petition filed
pursuant to the Post Conviction Relief Act (PCRA).1 After review, we affirm.
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1 42 Pa.C.S.A. §§ 9541-9546.
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The PCRA court summarized the factual and procedural history of this
case as follows:
On October 24, 2012, [Hamilton] was charged with three counts
of criminal homicide, one count of criminal attempt to commit
criminal homicide, and four counts of robbery in connection with a
shooting [that] occurred on July 7, 2012 in Plymouth Borough,
Luzerne County[.] Hamilton was subsequently charged with one
count of criminal homicide on December 13, 2012[,] in connection
with a shooting which occurred on July 6, 2012[,] in the City of
Wilkes-Barre, Luzerne County[.] Trial was scheduled to
commence on January 6, 2014[,] in connection with the July 7,
2012 incident. If [Hamilton] proceeded to trial, the
Commonwealth was seeking the death penalty.
On December 20, 2013, Hamilton pled guilty to three counts of
first-degree murder and one count of criminal attempt to commit
criminal homicide on [the charges arising from the shooting on
July 7, 2012]. Hamilton also pled guilty to one count of first-
degree murder on [the charge arising from the shooting on July
6, 2012]. He waived his right to a pre-sentence investigation and
proceeded to immediate sentencing. Four life sentences were
imposed on the first-degree murder pleas[,] along with a twenty[-
] to[-]forty year sentence on the criminal attempt plea. All
sentences were to run consecutively.
PCRA Court Opinion, 2/6/26, at 1-2.
Following sentencing, Hamilton did not file a direct appeal. On April 24,
2014, Hamilton filed a pro se PCRA petition, raising claims of ineffective
assistance of counsel. See Commonwealth v. Hamilton, 151 A.3d 1149,
at *1 (Pa. Super. 2016) (Table). Following an evidentiary hearing, the PCRA
court denied his petition on May 18, 2015, and this Court affirmed the denial
of Hamilton’s first PCRA petition on May 17, 2016. Id. at *5.
Since early 2020, Hamilton filed numerous documents with the Luzerne
County Court of Common Pleas, including, but not limited to, PCRA petitions,
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requests for discovery, objections to the dismissals of his petitions, and
notices of appeal. All filings were dismissed. See Commonwealth v.
Hamilton, 303 A.3d 780, at *3 (Pa. Super. 2023) (Table). On March 24,
2022, Hamilton filed a PCRA petition that the PCRA court characterized as his
eighth petition. The PCRA court denied this petition as untimely and this Court
affirmed. Id.
Hamilton filed the instant PCRA petition on August 26, 2024.2 The PCRA
court filed a notice of intention to dismiss Hamilton’s PCRA petition on August
28, 2025. See PCRA Court Opinion, 2/6/26, at 2. Rather than file a response,
Hamilton filed a petition for leave to amend on September 18, 2025, which
the PCRA court granted on October 1, 2025, and provided Hamilton with 45
days to file an amended PCRA petition. Id.
On October 28, 2025, Hamilton filed an application to proceed informa
pauperis, a motion to appoint counsel, with attachments, and an amended
PCRA petition. However, it appears that Hamilton’s amended PCRA petition
was not docketed separately from the other documents. On November 18,
2025, Hamilton filed a notice with the Luzerne County clerk, stating that he
had not received a time-stamped copy of the amended PCRA petition and
resubmitted his amended PCRA petition.
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2 Hamilton failed to serve the PCRA petition on the PCRA court. The PCRA
court became aware of the petition on August 25, 2025, as a result of the
petition for writ of mandamus and/or extraordinary relief filed by Hamilton.
See PCRA Court Opinion, 2/6/26, at 2.
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As the PCRA court had not received the amended petition within the 45-
day time limit, the PCRA court dismissed Hamilton’s ninth PCRA petition on
November 19, 2025. See PCRA Court Opinion, 2/6/26, at 2. However, the
PCRA court ultimately received the amended PCRA petition on November 20,
2025. Id. In its opinion to this Court, the PCRA court reviewed the amended
petition and concluded it was untimely and lacked merit. Id. at 2, n.3.
On December 9, 2025, Hamilton filed a notice of appeal and court-
ordered concise statement of errors complained of on appeal pursuant to
Pa.R.A.P. 1925(b). On appeal, Hamilton raises the following claims:
[1.] Did the PCRA court [e]rr when it dismissed [Hamilton’s] PCRA
[p]etition after granting [l]eave to [a]mend[,] but before
considering the [a]mended [p]etition?
[2.] Did [Hamilton] timely file [an] amended PCRA petition[] and
raise[] genuine issues of material fact, thus pleading and proving
[an exception under] 42 Pa.C.S.[A.] § 9545(b)(1)(ii)?
[3.] Did the sentencing [j]udge impose an illegal sentence under
[] 18 Pa.C.S.[A.] § 2505 alone?
Appellant’s Brief, at 6.
“In reviewing the denial of PCRA relief, we examine whether the PCRA
court's determination is supported by the record and free of legal error.”
Commonwealth v. Mitchell, 141 A.3d 1277, 1283-84 (Pa. 2016) (internal
punctuation and citation omitted). Further, a PCRA court may dismiss a
petition “without an evidentiary hearing if there are no genuine issues of
material fact and the petitioner is not entitled to relief.” Id. (citations
omitted).
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In his first issue on appeal, Hamilton claims that the PCRA court erred
by dismissing his PCRA petition prior to reviewing his amended petition. See
Appellant’s Brief, at 8-10. He submits that his amended PCRA petition was
filed within the 45-day deadline and the PCRA court, which permitted the
amendment, must review the amended petition prior to determining the
merits of his claims. Id. at 9.
The PCRA court dismissed Hamilton’s PCRA petition prior to reviewing
the amended petition because it erroneously determined Hamilton failed to
file his amended petition within the 45-day deadline set by the court. See
PCRA Court Opinion, 2/6/26, at 2; see also Pa.R.Crim.P. 905(D) (“All
amended petitions shall be in writing . . . and shall be filed and served
within the time specified by the judge in ordering the amendment.”)
(emphasis added). However, although it was docketed as part of two other
motions, Hamilton filed his amended petition on October 28, 2025, which was
within the 45-day deadline. Cf. Commonwealth v. Fredericks, 334 A.3d
412, *4-8 (Pa. Super. 2025) (Table)3 (petitioner’s amended PCRA petition,
which was filed 23 days beyond PCRA court’s deadline, was untimely and PCRA
court did not need to address merits of claims). Nonetheless, we find no merit
to Hamilton’s first issue.
It is well-established that “the PCRA’s timeliness requirements are
jurisdictional in nature and must be strictly construed; courts may not address
____________________________________________
3 See Pa.R.A.P. 126(b) (this Court may rely on unpublished memorandum
decisions of this Court filed after May 1, 2019, for persuasive value).
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the merits of the issues raised in a petition if it is not timely filed.”
Commonwealth v. Walters, 135 A.3d 589, 591 (Pa. Super. 2016) (citations
omitted). Generally, a PCRA petition “including a second or subsequent
petition, shall be filed within one year of the date the judgment becomes final.”
42 Pa.C.S.A. § 9545(b)(1). A judgment of sentence becomes final at the
conclusion of direct review or the expiration of the time for seeking the review.
Id. at § 9545(b)(3).
In the present case, Hamilton’s judgment of sentence became final on
January 20, 2014, after the expiration of time to file a direct appeal to this
Court. See Pa.R.A.P. 903(a). Therefore, he had until January 20, 2015, to
file a timely PCRA petition. See 42 Pa.C.S.A. § 9545(b)(1). The instant
petition was filed over nine years later, on August 26, 2024, and, thus, is
facially untimely.
However, Pennsylvania courts may consider an untimely PCRA petition
if the petitioner explicitly pleads and proves one of the three exceptions
enumerated in section 9545(b)(1), which include: (1) the petitioner’s inability
to raise a claim as a result of governmental interference; (2) the discovery of
previously unknown facts or evidence that would have supported a claim; or
(3) a newly recognized constitutional right that has been held to apply
retroactively by the Supreme Court of the United States or the Supreme Court
of Pennsylvania. See id. at §§ 9545(b)(1)(i)-(iii).
While the PCRA court dismissed Hamilton’s PCRA petition prior to
reviewing his amended petition, the PCRA court also reviewed Hamilton’s
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amended PCRA petition for the purposes of this appeal and found it both
untimely and meritless. See PCRA Court Opinion, 2/6/26, at 2 n.3. Moreover,
“to confirm proper jurisdiction, it is appropriate for an appellate court to
consider sua sponte the timeliness of a PCRA petition[.]” Commonwealth v.
Reid, 235 A.3d 1124, 1143 (Pa. 2020). The timeliness of a PCRA petition is
a question of law, and therefore “our standard of review is de novo and our
scope of review is plenary.” Commonwealth v. Callahan, 101 A.3d 118,
121 (Pa. Super. 2014) (citation omitted). Therefore, we shall review
Hamilton’s petition, including any additional claims raised in his amended
petition, to determine whether he has successfully pled and proven one of the
timeliness exceptions.
Hamilton asserts he meets the requirements of 42 Pa.C.S.A. §
9545(b)(1)(ii), the newly discovered fact exception to the PCRA’s time-bar,
contending there are new facts regarding the crimes committed on July 7,
2012. See Appellant’s Brief, at 13.
The newly discovered facts exception to the PCRA time bar “renders a
petition timely when the petitioner establishes that 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.” Commonwealth v. Small, 238
A.3d 1267, 1271 (Pa. 2020) (quotation marks and citation omitted). A PCRA
court must first determine “whether the facts upon which the claim is
predicated were unknown to the petitioner[.]” Id. at 1282 (quotation marks
omitted). “The focus of the exception is on [the] newly discovered facts, not
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on a newly discovered or newly willing source for previously known facts.”
Commonwealth v. Burton, 158 A.3d 618, 629 (Pa. 2017) (internal citations
and quotation marks omitted). In other words, the fact that a petitioner has
“discovered yet another conduit” for a claim previously presented “does not
transform his latest source into evidence falling within the ambit of
[subsection] 9545(b)(1)(ii).” Commonwealth v. Maxwell, 232 A.3d 739,
745 (Pa. Super. 2020) (en banc) (quotation marks and citation omitted).
If the PCRA court concludes that the facts were unknown, then the PCRA
court must next examine whether “the facts could have been ascertained by
the exercise of due diligence, including an assessment of the petitioner’s
access to public records.” Small, 238 A.3d at 1282. Further, “[d]ue diligence
demands that the petitioner take reasonable steps to protect his own
interests.” Commonwealth v. Burton, 121 A.3d 1063, 1069 (Pa. Super.
2015) (citation omitted). Due diligence “requires neither perfect vigilance nor
punctilious care, but rather it requires reasonable efforts by a petitioner, based
on the particular circumstances, to uncover facts that may support a claim for
collateral relief.” Id. at 1071. “A petitioner must explain why he could not
have obtained the new fact(s) earlier with the exercise of due diligence. This
rule is strictly enforced.” Commonwealth v. Monaco, 996 A.2d 1076, 1080
(Pa. Super. 2010) (citations omitted).
Instantly, Hamilton claims that, on April 14, 2024, he discovered new
information from a fellow inmate named Joshua Ovalles. See Appellant’s
Brief, at 14. Hamilton submitted a declaration by Ovalles, in which Ovalles
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states that, on the morning of July 7, 2012, Bradley Swartwood and Nicholas
Maldonado4 asked Ovalles to rob a guy named “Shiz from Philadelphia”5 at
Maldonado’s house and that Swartwood and Maldonado were in possession of
one .40 caliber pistol and one .22 caliber pistol. Ovalles Declaration, 4/10/24,
at 1. Hamilton also claims that, upon receiving a “Pennsylvania State Police
homicide investigation action report” on May 3, 2025, he learned that there
was a record of two sales of firearms to Swartwood, particularly a .22 caliber
pistol, on June 21, 2012. Id. at 16-17. He claims he was unable to obtain
this report “prior to trial[] and during [the] Post[-]Conviction process” and
only was able to obtain it following a motion to compel his previous attorney
to surrender the case file. Id. at 17.
The PCRA court found that Hamilton did not meet the burden to satisfy
the newly discovered fact exception under subsection 9545(b)(1)(ii). See
PCRA Court Opinion, 2/6/25, at 4-5. We agree.
Regarding Ovalles’s declaration, Hamilton failed to prove how these
facts were unknown to him. The actual “facts” for purposes of subsection
9545(b)(1)(ii) are that Swartwood and Maldonado were allegedly going to rob
Hamilton and that the victims had firearms on them. These are not newly
discovered facts. Hamilton, who was present during the entirety of the
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4 Swartwood and Maldonado were two of the victims of the July 7, 2012
shooting.
5 In his declaration, Ovalles does not clarify who “Shiz” is, but Hamilton claims
that it refers to him. See Appellant’s Brief, at 15.
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shooting, would have been aware of both of these facts at the time of his plea.
See Commonwealth v. Christine, 217 A.3d 375, *7-8 (Pa. Super. 2019)
(Table) (holding petitioner claiming self-defense failed to establish how he had
not known facts when he was present at scene of crime and presumably knew
or should have known that witness statement was untrue and earlier PCRA
petition reveals petitioner was aware of self-defense argument before he
entered his guilty plea). In fact, in a “supplemental” PCRA petition filed
February 4, 2020,6 Hamilton raised similar facts, claiming they too were newly
discovered, arguing he acted in self-defense when Swartwood and Maldonado
attempted to rob him. See Supplemental PCRA Petition, 2/4/20, at 2
(unpaginated). Thus, Ovalles’s statement is merely a newly willing testimonial
source of information that confirmed facts and claims of which Hamilton was
already aware of and which he previously raised. See Commonwealth v.
Abu-Jamal, 941 A.2d 1263, 1269 (Pa. 2008) (“[t]he fact appellant discovered
yet another conduit for the same claim of perjury does not transform his latest
source into evidence falling within the [newly discovered facts exception]”).
Similarly, regarding the information about Swartwood purchasing
firearms, particularly the .22 caliber pistol, Hamilton again failed to prove this
fact was previously unknown to him. As stated above, Hamilton would have
been aware that Maldonado and Swartwood possessed firearms when they
attempted to rob him. Significantly, Hamilton previously claimed he wrestled
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6 This supplemental PCRA petition is dated by Hamilton as March 23, 2016,
but is marked as filed on February 4, 2020.
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a firearm from Swartwood. See N.T. Omnibus Hearing, 11/6/13, at 90. Thus,
this information is simply another newly discovered source, not a newly
discovered fact. See Maxwell, supra. Therefore, Hamilton failed to
successfully plead and prove the newly discovered fact exception.
Accordingly, because Hamilton’s amended PCRA petition is untimely and he
does not successfully plead and prove an exception,7 we affirm the order
dismissing his petition.8 See Mitchell, supra.
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7 Hamilton also challenges the legality of his sentence. “[W]hile challenges to
the legality of a defendant’s sentence cannot be waived, they ordinarily must
be raised within a timely PCRA petition.” Commonwealth v. Fahy, 737 A.2d
214, 223 (Pa. 1999). Therefore, “when a petitioner files an untimely PCRA
petition raising a legality-of-sentence claim, the claim is not waived, but the
jurisdictional limits of the PCRA itself render the claim incapable of review.”
Commonwealth v. Jones, 932 A.2d 179, 182 (Pa. Super. 2007). Here,
Hamilton failed to satisfy any of the PCRA timeliness exceptions. See
Commonwealth v. Infante, 63 A.3d 358, 365 (Pa. Super. 2013) (collateral
claim regarding legality of sentence can be lost for failure to raise it in timely
manner under PCRA) (citations omitted). As such, the PCRA court nor this
Court have the jurisdiction to review the merits of Hamilton’s amended PCRA
petition, including his sentencing claim.
8 “This Court may affirm a PCRA court’s decision on any grounds if the record
supports it.” Commonwealth v. Ford, 44 A.3d 1190, 1194 (Pa. Super.
2012).
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Order affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 10/21/2026
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