Dockery v. Wolf

4 Citing cases

  1. Hudson v. Pa. Bd. of Prob. & Parole

    364 M.D. 2021 (Pa. Cmmw. Ct. Aug. 30, 2023)

    " The Board relies upon Commonwealth v. Moore, 247 A.3d 990 (Pa. 2021), and Dockery v. Wolf, 259 A.3d 566 (Pa. Cmwlth. 2021), which both held that claims similar to the ones raised by Inmate are in the nature of applications for post-conviction relief, and the Commonwealth Court lacked original jurisdiction over these applications.

  2. Green v. Wolf

    336 M.D. 2021 (Pa. Cmmw. Ct. Jul. 5, 2022)

    Pa.R.Civ.P. 1028(a)(1). Governor Wolf specifically contends that, as this Court declared in Dockery v. Wolf, 259 A.3d 566 (Pa. Cmwlth. 2021), Section 761(a)(1)(i) of the Judicial Code, 42 Pa.C.S. § 761(a)(1)(i), explicitly excludes PCRA actions from this Court's original jurisdiction.

  3. Birdwell v. Pa. Bd. of Prob. & Parole

    80 M.D. 2023 (Pa. Cmmw. Ct. Sep. 5, 2024)

    Lacking jurisdiction over such a PCRA claim, this Court may transfer the claim to the appropriate court. See Dockery v. Wolf, 259 A.3d 566, 572 (Pa. Cmwlth. 2021). However, where a PCRA petition would be late-filed and would lack an applicable timeliness exception under the PCRA, transfer to the court of common pleas for the purpose of litigating the petition is not warranted, as the petition would be properly dismissed as untimely.

  4. Boyd v. Pennsylvania's Sentencing Scheme for Sentencing 18 Year Old's to Mandatory Life without Parole Attorney Gen.

    311 A.3d 63 (Pa. Cmmw. Ct. 2024)

    Accordingly, this Court lacks jurisdiction to decide this matter and may transfer it to the proper trial court. See Dockery v. Wolf, 259 A.3d 566 (Pa. Cmwlth, 2021). However, Section 9545(b)(1) of the PCRA provides that petitions filed pursuant to the PCRA, including a second or subsequent petition, generally "shall be filed within one year of the date the judgment becomes final." 42 Pa.C.S. § 9545(b)(1). Section 9545(b)(1) of the PCRA offers exceptions to the PCRA petition filing deadline only when