Commonwealth v. Sims

In Commonwealth v. Sims, the Pennsylvania Superior Court affirmed the lower court’s dismissal of Appellant’s fourth PCRA petition. The petition, titled “Motion for DNA Testing,” was comprised of allegations of ineffective assistance of counsel and that the Commonwealth improperly destroyed his blood samples before trial which resulted in an unfair trial. The Court ruled that neither of these allegations supported a request for DNA Testing per 42 Pa.C.S. § 9543.1. Furthermore, the petition was untimely, and Appellant had not pleaded the applicability of any timeliness exception.

SIMS