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I'd like to personally thank each and every person who bumped, commented, and LOL'ed at this ridiculous train wreck of a thread. Including the three? four? incarnations of Prime Lord Asshat, James Crise.

This was really a heart-warming shitfest. I needed a good rage-laugh or two.

I feel like I ought to Paypal the cost of a good movie admission to you guys. Superb work, everyone. I'll throw in a vote for you at the Academy Awards.

Bravo. Off to pick up on the Ralph DeMayo (oh, I remember him.. ewww) thread, and this intriguing "Peeper Ann" person.
 
I can’t get ahold of starrmom/amber Starr. Her email that she gave isn’t working but I really need to know who did this to me. I know I’m a few years late lol but I was 5 at the time of his trial. I’m Ambers half niece I guess. But my mom won’t talk to me about it and this has changed my entire life. I was told it was some guy named Joe. Just to find out it’s my uncle. I have a birthday card that he mailed to me. When I read about the Japanese cartoon, I noticed his drawings almost look like anime. I have his information and stuff, I’m not lying about any of this. Not as crazy as he his but is any got ahold of amber, please let me know. I have so many questions
 
A little update on James Crise's whereabouts and happenings.

James is currently kicking it with 2088 other like-minded individuals at the State Correctional Institution at Fayette.
Inmate Number: JJ1012
NameName Type
JAMES CRISE Also Known As
JAMES W CRISE Commit Name
JAMES WAYLON CRISE Also Known As
Parole Number:JJ1012
Age: 38
Date of Birth: 05/21/1981
Race: WHITE
Height: 5' 07"
Gender: MALE
Citizenship: USA
Complexion: LIGHT
Current Location: FAYETTE

Permanent Location: FAYETTE
Committing County: WESTMORELAND
Last Updated Time: 4/9/2020 4:00:17 AM
Though, it doesn't mean James hasn't been busy. He's made at least 3 legal request, all denied. The latest was wanting a new trial, because of which one reason was ineffective counsel. If I reminder right, didn't he want to represent himself?

Btw, normally this case decisions are normally pretty dry, but the judge did get a snarky comment on one of James's better basis for a retrial ".... although inarticulately stated in his brief ..." only to slam him at the end of the paragraph with ".... However, our Supreme Court has held specifically that Alleyne does not apply retroactively ..... Thus, Appellant has not satisfied this exception."
J-S34038-18 No. 53 WDA 2018
07-31-2018

COMMONWEALTH OF PENNSYLVANIA, Appellee v. JAMES W. CRISE, Appellant




MEMORANDUM BY STRASSBURGER, J.

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

Appeal from the PCRA Order December 1, 2017 in the Court of Common Pleas of Westmoreland County
Criminal Division at No(s): CP-65-CR-0001899-2008 CP-65-CR-0004502-2008 BEFORE: BOWES, STABILE, and STRASSBURGER, JJ. MEMORANDUM BY STRASSBURGER, J.:

Retired Senior Judge assigned to the Superior Court.

James W. Crise (Appellant) pro se appeals from the December 1, 2017 order denying his petition filed under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We affirm.


We provide the following background. In 2009, Appellant was convicted of various crimes including involuntary deviate sexual intercourse (IDSI). Appellant was sentenced to an aggregate term of 20 to 55 years of imprisonment, which included a 10-year mandatory minimum sentence. This Court denied Appellant relief on direct appeal, and his judgment of sentence became final in 2011 after our Supreme Court denied his petition for allowance of appeal. Commonwealth v. Crise , 24 A.3d 455 (Pa. Super. 2011) (unpublished memorandum), appeal denied, 24 A.3d 863 (Pa. 2011). Appellant's first three PCRA petitions resulted in no relief.


Appellant filed the petition that is the subject of the instant appeal on September 18, 2017. Therein, he claimed that he was entitled to relief due to ineffective assistance of counsel and having been given an illegal sentence. PCRA Petition, 9/18/2017, at ¶ 4(II), 4(VI). Appellant also suggested that two timeliness exceptions applied to this otherwise untimely-filed fourth PCRA petition. Id. at ¶ 5.

Appellant does not raise this claim on appeal. --------

The PCRA court issued an opinion and notice of its intent to dismiss Appellant's petition without a hearing, to which Appellant filed a response in opposition. On December 1, 2017, the PCRA court entered an order dismissing Appellant's petition as untimely filed. Appellant timely filed a notice of appeal, and both Appellant and the PCRA court complied with Pa.R.A.P. 1925.


Appellant raises two issues for our review. Before we may consider them, we must determine whether the PCRA court correctly held that his petition was untimely filed, for the timeliness of a post-conviction petition is jurisdictional. See , e.g., Commonwealth v. Lewis , 63 A.3d 1274, 1280-81 (Pa. Super. 2013) (quoting Commonwealth v. Chester , 895 A.2d 520, 522 (Pa. 2006)) ("f a PCRA petition is untimely, neither this Court nor the [PCRA] court has jurisdiction over the petition. Without jurisdiction, we simply do not have the legal authority to address the substantive claims.").


Generally, a petition for relief under the PCRA, including a second or subsequent petition, must be filed within one year of the date the judgment of sentence is final unless the petition alleges, and the petitioner proves, that an exception to the time for filing the petition is met, and that the claim was raised within 60 days of the date on which it became available. 42 Pa.C.S. § 9545(b).


It is clear that Appellant's 2017 petition is facially untimely: his judgment of sentence became final in 2011. However, we may consider an untimely-filed PCRA petition if Appellant explicitly pled and proved one of three exceptions set forth in 42 Pa.C.S. § 9545(b)(1)(i-iii). Any petition invoking one of these exceptions "shall be filed within 60 days of the date the claim could have been presented." 42 Pa.C.S. § 9545(b)(2).


Here, although inarticulately stated in his brief, Appellant's petition arguably asserts the after-recognized and retroactively-applied constitutional right exception found at 42 Pa.C.S. § 9545(b)(1)(iii) (providing an exception where "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") based on Alleyne v. United States , 570 U.S. 99 (2013). See PCRA Petition, 9/18/2017, at ¶ 5; Appellant's Brief at 6-7. In Alleyne , the Supreme Court of the United States "held that any fact that, by law, increases the penalty for a crime must be treated as an element of the offense, submitted to a jury, rather than a judge, and found beyond a reasonable doubt." Commonwealth v. Washington , 142 A.3d 810, 812 (Pa. Super. 2016), citing Alleyne , 570 U.S. at 116. The U.S. Supreme Court reasoned that a Sixth Amendment violation occurs where these sentence-determinative facts are not submitted to a jury. Alleyne , 570 U.S. at 104. However, our Supreme Court has held specifically that Alleyne does not apply retroactively to cases on collateral review. See Washington , 142 A.3d at 820. Thus, Appellant has not satisfied this exception.


Next, Appellant attempts to assert the newly-discovered-facts timeliness exception found at 42 Pa.C.S. § 9545(b)(1)(ii) (providing an exception where "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"). See PCRA Petition, 9/18/2017 at ¶ 5; Appellant's Brief at 7. Specifically, Appellant claims that he recently discovered that the trial judge has a "business relationship" with a close anonymous relative of Appellant's, insomuch as Appellant claims the relative allegedly sold the trial judge illegal narcotics. PCRA Petition, 9/18/2017, at ¶ 5(II); see also Appellant's Brief at 7. Appellant submitted an anonymous, handwritten letter from an unspecified relative, dated June 12, 2017, in support of his newly-discovered facts exception claim. Appellant's Brief at Exhibit A.




Our Supreme Court has previously described a petitioner's burden under the newly-discovered fact exception as follows.

ubsection (b)(1)(ii) has two components, which must be alleged and proved. Namely, the petitioner must establish that: 1) "the facts upon which the claim was predicated were unknown" and 2) "could not have been ascertained by the exercise of due diligence." 42 Pa.C.S. § 9545(b)(1)(ii) (emphasis added).

Commonwealth v. Bennett , [] 930 A.2d 1264, 1272 ([Pa.] 2007). Due diligence demands that the petitioner take reasonable steps to protect his own interests. A petitioner must explain why he could not have learned the new fact(s) earlier with the exercise of due diligence. This rule is strictly enforced.
Commonwealth v. Medina , 92 A.3d 1210, 1216 (Pa. Super. 2014) (some citations and quotation marks omitted).



The PCRA court addressed Appellant's assertion as follows:




Notably, [Appellant] states that the [trial c]ourt "has had an ongoing 'business' relationship with a close relative of [Appellant,]" and "there is photographic evidence of the [trial court judge] purchasing several items from [Appellant's] relative." He states that "the relative will remain 'Jane Doe' as to protect her from threats that the [p]rosecution and [j]udge have been accused of in the past with other witnesses."

[Appellant] avers that this "business relationship" meets the newly discovered evidence exception. [Appellant], however, while stating that the facts were unknown to him and could not have been ascertained by due diligence, contradicts his own argument by stating in the next line that "the [trial court judge] was made aware of this relationship during the trial, and failed to recuse herself."

[Appellant's] claim is spurious and without a scintilla of merit. The [trial court] is not aware of any "business relationship" with any close relative of [Appellant], and [Appellant's] previous claims regarding witness intimidation and threats from both the district attorney's office and the [trial court] have been equally as specious. [Appellant] has also failed to plead how he learned of such information, whether it met the

60-day statutory deadline, and how it affected his trial. As noted by the Superior Court in [Appellant's third PCRA petition], the [trial court] cannot and will not try to make his arguments for him in regards to meeting the statutory guidelines of the PCRA. Based on the information presented by [Appellant], the [trial court] does not have jurisdiction to entertain the merits of his argument.
Trial Court Opinion, 11/6/2017, at 5-6. We agree with the PCRA court that Appellant cannot simultaneously assert that the facts were both unknown and known to him, and thus, he fails to meet the requirements of the exception.



Furthermore, Appellant has not only failed to establish that the letter from his relative contained new facts, but he also failed to satisfy the requirements to establish due diligence in obtaining said letter. According to Appellant, the anonymous author of this letter "sold illegal narcotics to the [t]rial [j]udge, and during one such transaction in 2009, [she] told the [j]udge [she is] related to [Appellant]." Appellant's Brief at 7. Even if the trial court were to have believed the letter, this purported fact is not new, as Appellant avers that the trial court judge knew this fact at the time of trial. PCRA Petition, 9/18/2017, at 2 (unnumbered). Moreover, Appellant has not explained why he did not present this sooner.


Because Appellant's petition was filed untimely without exception, the PCRA court lacked jurisdiction to consider it on the merits. See Commonwealth v. Albrecht , 994 A.2d 1091, 1095 (Pa. 2010) (affirming dismissal of PCRA petition without a hearing because appellant failed to meet burden of establishing timeliness exception).


Therefore, the PCRA court properly dismissed the petition for lack of jurisdiction.


Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 7/31/2018

1586421279878.png

James Crise (aka Inmate JJ1012)
 
Now, I can’t ask him anything bc my mom is just a phone call or letter away from him. Do you know what happened to amber? She’s not on Facebook anymore and her email isn’t working. I’m just trying to find out who hurt me
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Also, I plan on mentioning all of this to him. Everyone thinks im so much more stupid than I actually am lol. But I’m not that dumb. I’ve asked everyone I could think of
 
Lsucks2020,
I've remembered a few things since.
I can’t get ahold of starrmom/amber Starr. Her email that she gave isn’t working but I really need to know who did this to me. I know I’m a few years late lol but I was 5 at the time of his trial. I’m Ambers half niece I guess. But my mom won’t talk to me about it and this has changed my entire life. I was told it was some guy named Joe. Just to find out it’s my uncle. I have a birthday card that he mailed to me. When I read about the Japanese cartoon, I noticed his drawings almost look like anime. I have his information and stuff, I’m not lying about any of this. Not as crazy as he his but is any got ahold of amber, please let me know. I have so many questions

I have remembered some information, and tossed and turned last night. Not posting on this public forum.
 
I hope you find the answers you're looking for. More importantly, I wish you healing.
Thank you. I sent him a letter asking about it as well but I probably won’t get the answer I need
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Ambers fiancée is a registered sex offender. But I don’t see why she would lie if she didn’t have anything to gain from it unless she was trying to make people hate waylon even more
 
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It sounds to me like your mom isn't doing the right thing by trying to hide information from you.

I wonder if the police department might have some ideas.
I’m not sure. She keeps saying “I’ll tell you when you get older” it’s been 13 years. How much older do I really have to get? I’ve had to talk about it to many therapists and counselors and she can’t talk about it to me. The victim.
 
Based on everything I’ve thought about, figured out, found, and reread, I definitely believe James molested me. I found starrmom on Facebook, and they look like a really happy family, and i know looks can be deceiving but I just don’t think her husband did this. I feel like I can let this go and move on. idk if anyone will ever see this but I’ve never been more thankful for a group of people who I don’t know. This definitely helped me along the way
 
Based on everything I’ve thought about, figured out, found, and reread, I definitely believe James molested me. I found starrmom on Facebook, and they look like a really happy family, and i know looks can be deceiving but I just don’t think her husband did this. I feel like I can let this go and move on. idk if anyone will ever see this but I’ve never been more thankful for a group of people who I don’t know. This definitely helped me along the way
I'm glad you are finding closure, @Lsucks2020, and that you feel ready to move on. Good for you. Childhood trauma is painful, difficult and confusing (which I know from personal experience). Some people are never able to face it, or move on from it. You're doing both. I'm very proud of you.

Thank you so much for coming back and updating us. It's always nice to know what happened to people we read about and sometimes care deeply about on these threads. It's especially nice when good things are happening to them and their lives are getting better.

I wish you all the best, today and always. Feel free to come back and visit us any time, even just to chat.
 
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