J-S19010-18

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* Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

JAMAL WILLIAMS 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 2180 EDA 2017

Appeal from the PCRA Order June 16, 2017

In the Court of Common Pleas of Philadelphia County Criminal Division at 

No(s): CP-51-CR-0905881-2004

BEFORE: SHOGAN, J., NICHOLS, J., and PLATT*, J.

MEMORANDUM BY SHOGAN, J.: FILED MAY 04, 2018

Appellant, Jamal Williams, appeals from the order denying his second 

petition for relief filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 

Pa.C.S. §§ 9541-9546. We affirm.

Appellant was convicted of first-degree murder, possessing instruments 

of crime, and criminal conspiracy1in 2005. We previously stated the trial 

court’s summary of the facts of the crime in Appellant’s direct appeal:

Parthenia Drummond and Giddion McCloud (hereinafter, 

also referred to as the victim) had a son together. In June of 

2003, they had known each other for 2 1/2 to 3 years. Ms. 

Drummond lived at her mother’s house in the 2100 block of 

Franklin Street. Ms. Drummond also knew [Appellant] from the 

neighborhood; she had known him since elementary school.

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1

 18 Pa.C.S. §§ 2502(a), 907(a), and 903, respectively.
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On June 4, 2003, at around 2:00 p.m., Ms. Drummond 

observed the victim standing at the northwest corner of the 

intersection of Franklin and Diamond Streets in North Philadelphia. 

She saw that he was speaking with “Pudge” and moving his hands; 

they appeared to be arguing. When the conversation ended, 

Pudge walked away and made a phone call from a nearby booth. 

Moments later, [Appellant] and a man named Noel Echevarria 

turned the corner at Franklin and Susquehanna Streets and began 

walking down Franklin Street.4 As they passed by Ms. 

Drummond’s mother’s house, [Appellant] opened up his jacket 

and started firing a gun at the victim in a spraying motion. Ms. 

Drummond had been about two feet from the victim when the 

shooting began. In the midst of his firing, Ms. Drummond begged 

[Appellant] to stop; however, [Appellant] simply told Ms. 

Drummond to get the “F” out of the way. When the shooting 

stopped, [Appellant] and Mr. Echevarria ran off in different 

directions. Ms. Drummond called 9-1-1.

At approximately 2:30 p.m., Officer Demetrius Heggs, of the 

26th Police District, arrived in the 2100 block of Franklin Street in 

North Philadelphia. He had been flagged down by Ms. Drummond. 

Ms. Drummond advised Officer Heggs that someone had been 

shot. The Officer stopped his vehicle and observed a Black male 

lying partially under a black and tan Chevy Blazer. Ms. Drummond 

told Officer Heggs that the victim had been shot by two males 

dressed in all black. The victim was transported to the hospital 

where he was pronounced dead at 2:45 p.m.

4

 [Appellant], Pudge, and Echevarria were friends 

with one another and had sold drugs together.

Commonwealth v. Williams, 913 A.2d 949, 3479 EDA 2005 (Pa. Super. 

2006) (unpublished memorandum at 2) (internal citations omitted), appeal 

denied, 923 A.2d 411 (Pa. 2007).

We summarized the initial procedural history in our disposition of 

Appellant’s first PCRA petition:

Appellant was subsequently arrested and proceeded to a 

jury trial on September 20, 2005. Following a four-day trial, 

Appellant was found guilty of first-degree murder, criminal 
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conspiracy, and possessing instruments of crime, and was 

sentenced to an aggregate term of life imprisonment on 

September 23, 2005. On September 29, 2005, Appellant filed a 

post sentence motion that was denied by the trial court on 

December 7, 2005. Thereafter, on December 9, 2005, Appellant 

filed a timely notice of appeal. This Court affirmed Appellant’s 

judgment of sentence on October 11, 2006, and our Supreme 

Court denied allocatur on May 8, 2007.

On March 19, 2008, Appellant filed a timely pro se PCRA 

petition and counsel was appointed to represent him. Appellant’s 

counsel filed an amended PCRA petition on February 6, 2009. 

Thereafter, on July 30, 2009, the PCRA court issued a notice 

pursuant to Pa.R.Crim.P. 907 indicating that Appellant’s PCRA 

petition would be dismissed without a hearing. On September 11, 

2009, the PCRA court dismissed Appellant’s petition. [A] timely 

appeal followed.

Commonwealth v. Williams, 23 A.3d 562, 2904 EDA 2009 (Pa. Super. 

2010) (unpublished memorandum at 2–3) (footnotes omitted), appeal denied, 

27 A.3d 225 (Pa. 2011). Appellant raised multiple issues of trial counsel’s 

ineffectiveness. We affirmed the PCRA court’s dismissal of the petition, and 

our Supreme Court declined review. Id.

On January 9, 2012, Appellant filed a pro se petition for writ of habeas 

corpus in federal court raising the same six claims that he presented to this 

Court in his first PCRA petition and a seventh claim of ineffective assistance of 

counsel. On February 25, 2015, the federal district court denied the petition 

with prejudice, dismissed it without an evidentiary hearing, and denied a 

certificate of appealability. Williams v. Sauers, 2015 WL 787275 (E.D. Pa.

2014) (not reported in F.Supp.3d).
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Appellant filed the instant pro se PCRA petition, his second, on March 

23, 2016. The PCRA court issued a notice of intent to dismiss the petition 

without a hearing on May 4, 2017. Appellant did not file a response. The 

PCRA court thereafter dismissed the petition on June 16, 2017. Appellant filed 

a timely notice of appeal. Both Appellant and the PCRA court complied with 

Pa.R.A.P. 1925.

Appellant has filed a pro se brief that is noncompliant with numerous 

rules of appellate procedure, most notably, the failure to include the 

Statement of Questions Involved pursuant to Pa.R.A.P. 2116. Rule 2116 

states, “No question will be considered unless it is stated in the statement of 

questions involved or is fairly suggested thereby.” Pa.R.A.P. 2116 (a). Our 

review of Appellant’s brief nevertheless indicates that Appellant is asserting 

he is entitled to relief pursuant to Montgomery v. Louisiana, 136 S.Ct. 718 

(2016), and Miller v. Alabama, 132 S.Ct. 2455 (2012), thus attempting to 

invoke the newly recognized constitutional-right exception to the PCRA’s time 

bar. He is mistaken.

We initially must determine whether the PCRA court had jurisdiction to 

review the merits of Appellant’s issue. The timeliness of a PCRA petition is a 

jurisdictional threshold that may not be disregarded in order to reach the 

merits of the claims raised in a PCRA petition that is untimely. 

Commonwealth v. Lawson, 90 A.3d 1, 4 (Pa. Super. 2014) (citing 

Commonwealth v. Murray, 753 A.2d 201, 203 (Pa. 2000)). As noted, the 
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trial court imposed the judgment of sentence on September 23, 2005. We 

affirmed the judgment of sentence on October 11, 2006, and our Supreme 

Court declined review on May 8, 2007. The record does not reflect that 

Appellant sought review in the United States Supreme Court after the 

Pennsylvania Supreme Court denied his petition for allowance of appeal on 

May 8, 2007. Accordingly, Appellant’s judgment of sentence became final on 

August 6, 2007, ninety days after the Pennsylvania Supreme Court denied 

Appellant’s petition for allowance of appeal and the time for filing a petition 

for review with the United States Supreme Court expired. 42 Pa.C.S. 

§ 9545(b)(3) (stating that, for purposes of calculating the timeliness of a 

petition, a “judgment becomes 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”); U.S.Sup.Ct.R. 13. Therefore, Appellant had until August 6, 

2008, to file a timely PCRA petition. See 42 Pa.C.S. § 9545(b)(1) (A PCRA 

petition, “including a second or subsequent petition, shall be filed within one 

year of the date the judgment becomes final. . . .”). Appellant filed the instant

PCRA petition on March 23, 2016, over eight years after his judgment of 

sentence became final. Hence, the petition is facially untimely.
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The jurisdictional time bar can be overcome only by satisfaction of one 

of the three statutory exceptions codified at 42 Pa.C.S. § 9545(b)(1)(i)–(iii).2

Commonwealth v. Spotz, 171 A.3d 675, 678 (Pa. 2017). Further, “[a]ny 

petition invoking an exception . . . shall be filed within 60 days of the date the 

claim could have been presented.” 42 Pa.C.S. § 9545(b)(2). The PCRA 

petitioner bears the burden of proving the applicability of one of the 

exceptions. Commonwealth v. Edmiston, 65 A.3d 339, 346 (Pa. 2013).

Appellant appears to invoke the third exception to the PCRA timeliness 

requirements with reliance upon the United States Supreme Court’s decision 

in Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 

136 S.Ct. 718 (2016). In Miller, the Court held that sentencing a juvenile 

convicted of a homicide offense to mandatory life imprisonment without parole 

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2

 The exceptions to the timeliness requirement are:

(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;

(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), (ii), and (iii).
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violates the Eighth Amendment’s prohibition to cruel and unusual punishment. 

Montgomery clarified that Miller applies retroactively. Referencing studies 

relating to the development of the human brain, Appellant asserts that 

although he was twenty-four years old at the time he committed the instant 

murder, it would be a violation of equal protection if this Court treated him 

differently from adolescents under the age of eighteen. Appellant’s Brief at 3.

This exact claim was advanced in Commonwealth v. Cintora, 69 A.3d 

759 (Pa. Super. 2013). This Court rejected these claims and noted that the

“contention that a newly-recognized constitutional right should be extended 

to others does not render a petition timely pursuant to section 

9545(b)(1)(iii).” Id. at 764 (emphasis in original); see also Commonwealth

v. Furgess, 149 A.3d 90, 94 (Pa. Super. 2016) (reaffirming Cintora and

reiterating that “petitioners who were older than 18 at the time they 

committed murder are not within the ambit of the Miller decision and 

therefore may not rely on that decision to bring themselves within the timebar 

exception in Section 9545(b)(1)(iii).”) More recently, in Commonwealth v. 

Woods, 179 A.3d 37, 44 (Pa. Super. 2017), citing Cintora and Furgess, we

reaffirmed that because the appellant was over eighteen years old when he 

committed murder, Miller did not apply to his case.

Therefore, Appellant’s PCRA petition is untimely, and he has failed to 

plead and prove an exception to the statutory time-bar. Thus, the PCRA court 
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correctly concluded that it lacked jurisdiction to review the merits of 

Appellant’s petition and properly dismissed it.

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 5/4/18