A blog of the Philadelphia Bar Association’s Criminal Justice Section


By Burt Rose

In this PCRA appeal, the Order of Judge Scott Keller of the Court of Common Pleas of Berks County, Criminal Division, CP–06–CR–118–1997 was reversed to the extent it determined that appellant Roderick Johnson’s claim under Brady v. Maryland, 373 U.S. 83 (1963), arising from discovery materials produced during the federalhabeas corpus proceedings in an unrelated case,Johnson v. Folino, No. 2:04–cv–02835 (U.S. District Court, E.D.Pa.), was untimely under the Post–Conviction Relief Act, 42 Pa.C.S. §§ 95419546. The Supreme Court concluded that the Appellant had demonstrated that information discovered during federal habeas proceedings can constitute “newly discovered” facts for purposes of the exception to the jurisdictional time bar as set forth in 42 Pa.C.S. § 9545(b)(1)(ii).


The Federal Community Defender Office in Philadelphia represented this Appellant.


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