J-S42027-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
JAY YUNIK IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
MICHAEL OVERMYER,
Appellee No. 135 WDA 2014
Appeal from the Order Entered December 30, 2013
In the Court of Common Pleas of Crawford County
Criminal Division at No.: CP-20-MD-0000534-2013
BEFORE: PANELLA, J., JENKINS, J., and MUSMANNO, J.
MEMORANDUM BY JENKINS, J. FILED: AUGUST 25, 2014
Jay Yunik appeals from an order denying his habeas corpus motion
filed against Michael Overmyer, superintendent of the State Correctional
Facility at Forest, where Yunik is presently serving his sentence of 54-180
Having examined the record, the briefs of the parties, and the
applicable law, and the thorough and well-reasoned opinion of the Honorable
John Spataro of the Court of Common Pleas of Crawford County, we
, we adopt his opinion as our own. See Trial Court
Opinion (noting that Yunik was sentenced to imprisonment for rape and has
filed 4 PCRA petitions, none of which were successful; PCRA subsumes the
J-S24029-14
claims Yunik wishes to pursue in his habeas corpus petition, viz., illegal
police interrogation, invalid affidavit of probable cause, concealment of
exculpatory evidence, illegal arrest, denial of right to counsel at various
stages of case, ineffective assistance of counsel, lack of subject matter
jurisdiction, unlawfully induced guilty plea, lack of factual basis for guilty
limitations; Yunik fails to plead or prove any exceptions to the one year
statute of limitations; Yunik not prejudiced by the absence of a 20 day notice
of intent to dismiss his petition under Pa.R.Crim.P. 907, since court
entertained his motion for reconsideration after denying his original habeas
corpus motion; Yunik waived objection to the absence of a 20 day notice by
failing to include this objection in his statement of matters complained of on
appeal).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/25/2014
-2-
Yunik, J. v. Overmyer, M.
Combined Opinion