IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

Similar documents
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

rpennsylvania, OCT Received Accepted For Review Only IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY COMMONWEALTH OF

COURT OF COMMON PLEAS OF BERKS COUNTY

COURT OF COMMON PLEAS OF MONTGOMERY COUNTY

COURT OF COMMON PLEAS OF CHESTER COUNTY

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

COURT OF COMMON PLEAS OF LANCASTER COUNTY

COURT OF COMMON PLEAS OF MONTGOMERY COUNTY

COURT OF COMMON PLEAS OF BUCKS COUNTY

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

COURT OF COMMON PLEAS OF MONROE COUNTY

COURT OF COMMON PLEAS OF BUCKS COUNTY

COURT OF COMMON PLEAS OF LANCASTER COUNTY

COURT OF COMMON PLEAS OF ALLEGHENY COUNTY

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

COURT OF COMMON PLEAS OF WASHINGTON COUNTY

COURT OF COMMON PLEAS OF WASHINGTON COUNTY

Rule 900. Scope; Notice In Death Penalty Cases.

(C) The docket entries shall include at a minimum the following information:

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

ADAMS COUNTY COURT OF COMMON PLEAS RULES OF CIVIL PROCEDURE BUSINESS OF COURTS

CARBON COUNTY CUSTODY Intake: COMPLAINT/MODIFICATION/CONTEMPT Docket Number: Name: Date of Birth:

CHAPTER 33. BUSINESS OF THE SUPREME COURT IN GENERAL ORIGINAL MATTERS Applications for Leave to File Original Process. KING S BENCH MATTERS

THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY

PETITION FOR CONTEMPT OF A CUSTODY ORDER

COMMONWEALTH : : : No. CR : Defendant was taken into custody on July 7, she was released on unsecured intensive supervised bail.

(1) the defendant waives the presence of the law enforcement officer in open court on the record;

: COMMONWEALTH OF PENNSYLVANIA, : : Respondent, : CP-51-CR : v. : Nos (1981) : : MUMIA ABU-JAMAL, : : Petitioner.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

PA Huntingdon Cty. Civ. LR 205 This document is current with amendments received through June 1, 2016

IN THE COURT OF COMMON PLEAS, CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION INSTRUCTIONS: PETITION FOR MODIFICATION OF A CUSTODY ORDER

ARD/DUI EXPUNGEMENT ACT 122 AND 151

MODIFICATION OF EXISTING CUSTODY ORDER SELF-HELP KIT

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

18 Pa. C.S.A Expungement

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

PETITION TO APPEAL NUNC PRO TUNC

How to file a PETITION TO EXPUNGE Nolle Prossed, WITHDRAWN or DISMISSED CHARGES

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION CASE NO. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

THE COURTS. Title 204 JUDICIAL SYSTEM GENERAL PROVISIONS

Ch. 41 MEDICAL ASSISTANCE APPEAL PROCEDURES 55 CHAPTER 41. MEDICAL ASSISTANCE PROVIDER APPEAL PROCEDURES GENERAL PROVISIONS

COMMONWEALTH OF PENNSYLVANIA : No. CR : v. : : CRIMINAL DIVISION ROGER MITCHELL RIERA, : Petitioner : OPINION AND ORDER

THE COURTS. Title 234 RULES OF CRIMINAL PROCEDURE

Certificates of Rehabilitation in Fresno County Filing Instructions

PETITION FOR EMERGENCY RELIEF - CUSTODY. 1. Complete the Domestic Relations Information Sheet with as much information as you have.

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

PETITION TO MODIFY PROTECTION FROM ABUSE ORDER INSTRUCTION SHEET

HOW TO FILE AN ARD EXPUNGEMENT

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

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

COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA

Standing Practice Order Pursuant to 20.1 of Act Establishing Rules Governing Practice and Procedure in Medical Assistance Provider Appeals

HOW TO FILE AN ARD EXPUNGEMENT

PETITION FOR EMERGENCY RELIEF - CUSTODY

How to file a PETITION TO EXPUNGE Summary offenses MDJ Level

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

: COMMONWEALTH OF PENNSYLVANIA, : : Respondent, : CP-51-CR : v. : Nos (1981) : : MUMIA ABU-JAMAL, : : Petitioner.

Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched

Title 15: COURT PROCEDURE -- CRIMINAL

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellant No EDA 2012

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

Title 255 LOCAL COURT RULES

COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA

NC General Statutes - Chapter 15A Article 89 1

INSTRUCTIONS FOR FILING FOR AN CHILD NAME CHANGE IN NORTHUMBERLAND COUNTY

INSTRUCTIONS AND FORMS FOR FILING PRO SE CUSTODY ACTIONS IN POTTER COUNTY, PA

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

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

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL. Rule 907 Notice BY: KNISELY, J. August 24, 2015

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

BRADFORD COUNTY LOCAL CIVIL RULES. 1. Upon the filing of a divorce or custody action pursuant to the Pennsylvania Rules of

2017 and entered on the docket on September 29, The relevant facts follow. have any sexual offender registration requirements.

COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA

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

LYCOMING COUNTY EMERGENCY OR SPECIAL CUSTODY RELIEF SELF-HELP KIT

PETITION FOR WRIT OF HABEAS CORPUS 1

Bedford County Local Rules

APPLICATION FOR PUBLIC DEFENDER

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS

Pennsylvania Rules of Criminal Procedure 319/320 (ARD Dismissal & Expungement):

LR Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Title 210 APPELLATE PROCEDURE. Title 234 RULES OF CRIMINAL PROCEDURE

IN THE COURT OF COMMON PLEAS FOR HUNTINGDON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION MEMORANDUM OPINION

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

IN THE SUPREME COURT OF FLORIDA CASE NO. SC BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT.

3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1

APPLICATION FOR ACCELERATED REHABILITATIVE DISPOSITION

THE COURTS. Title 249 PHILADELPHIA RULES

INSTRUCTIONS FOR COMPLETION OF EXPUNGEMENT FORM

Supreme Court NO TERM JUNE SESSION. State of New Hampshire. v. Lawrence Sleeper

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL

First Judicial District of Pennsylvania Court of Common Pleas of Philadelphia County Trial Division Civil Section CIVIL CASE MANAGEMENT CONFERENCE

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : VS. : NO. : :

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

The facts presented during Dreese s non-jury trial were as follows. On. the evening of July 11, 2014, Dreese, his son Seth, Dreese s ex-girlfriend

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

Transcription:

Received 7/5/2016 12:49:33 PM Supreme Court Eastern District Filed 7/5/2016 12:49:00 PM Supreme Court Eastern District 108 EM 2016 IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT DONTE ROLLINS, : Petitioner : : APPLICATION FOR LEAVE TO v. : FILE ORIGINAL PROCESS : COURT OF COMMON PLEAS : NO. OF PHILADELPHIA COUNTY, : Respondent : EMERGENCY PETITION FOR : WRITS OF MANDAMUS AND : PROHIBITION EMERGENCY APPLICTION FOR LEAVE TO FILE PETITION FOR EXTRAORDINARY RELIEF OF WRITS OF MANDAMUS AND PROHIBITION TO THE PHILADELPHIA COUNTY COURT OF COMMON PLEAS TO THE HONORABLE CHIEF JUSTICE THOMAS G. SAYLOR AND JUSTICES OF THE SUPREME COURT: Pursuant to Rule 3307 of the Pennsylvania Rules of Appellate Procedure, Petitioner, Donte Rollins, through his undersigned counsel, hereby applies for leave to file original process in the form of a Petition Requesting Extraordinary Relief of Writs of Mandamus and Prohibition. 1. This Court has authority to entertain this application pursuant to Rule 3307(b) of the Pennsylvania Rules of Appellate Procedure and Section 721 of Pennsylvania s Judiciary and Judicial Procedure Code (42 Pa. C.S. 721 (Supreme

Court shall have original jurisdiction of mandamus or prohibition to courts of inferior jurisdiction )). 2. Petitioner Donte Rollins seeks Emergency Relief in the form of Writs of Prohibition and Mandamus to the Court of Common Pleas. 3. A copy of the proposed Petition for Extraordinary Relief of Writs of Mandamus and Prohibition is attached. 4. The filing is necessary to resolve an ongoing injustice in the Court of Common Pleas. As further explained in the attached petition, Mr. Rollins pending Post-Conviction Relief Act (PCRA) Petition languishes unresolved despite agreement with the Commonwealth he is entitled to have his conviction vacated and be restored to his pre-trial bail status. The assigned PCRA court has unnecessarily delayed proceedings through repeated continuances, insisted on hearing from irrelevant witnesses despite both parties having rested on the matter, and is blocking Mr. Rollins case from proceeding through the court system by refusing to rule upon the petition. 5. Because Mr. Rollins is without any other legal remedy, he seeks this Court s intervention.

WHEREFORE, Petitioner Donte Rollins requests this Court accept the Petition for Extraordinary Relief of Writs of Mandamus and Prohibition as filed. Respectfully Submitted, /s/ Michael Wiseman Michael Wiseman, Esq. Attorney No. 75342 P. O. Box 120 Swarthmore, PA 19081 215-450-0903 /s/ Marissa Boyers Bluestine Marissa Boyers Bluestine, Esq. Attorney I.D. No. 75973 Nilam A. Sanghvi, Esq. Attorney I.D. No. 209989 The Pennsylvania Innocence Project Temple University Beasley School of Law 1515 Market Street, Suite 300 Philadelphia, PA 19102 215-204-4255 Counsel for Donte Rollins Dated: July 5, 2016

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT DONTE ROLLINS, : Petitioner : : APPLICATION FOR LEAVE TO v. : FILE ORIGINAL PROCESS : COURT OF COMMON PLEAS : EMERGENCY PETITION FOR OF PHILADELPHIA COUNTY, : WRITS OF MANDAMUS AND Respondent : PROHIBITION CERTIFICATE OF SERVICE I, Marissa Bluestine, hereby certify that on this 5th day of July, 2016, I filed the foregoing by use of the PACFile Electronic Filing system and caused a true and correct copy of the foregoing to be served on the following by hand delivery: A. Taylor Williams, Esquire Legal Counsel Administrative Office of Pennsylvania Courts, Philadelphia 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Counsel for Respondent Court of Common Pleas Samuel Ritterman, Esquire Assistant District Attorney Philadelphia District Attorney s Office Three Penn Square Philadelphia, PA 19103 Counsel for the Commonwealth Honorable Rayford A. Means City Hall, Room 340 Philadelphia, PA, 19107 /s/ Marissa Boyers Bluestine Marissa Boyers Bluestine, Esq.

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT DONTE ROLLINS, : Petitioner : : NO: v. : : EMERGENCY PETITION COURT OF COMMON PLEAS : OF PHILADELPHIA COUNTY, : Respondent : EMERGENCY PETITION FOR EXTRAORDINARY RELIEF OF WRITS OF MANDAMUS AND PROHIBITION TO THE PHILADELPHIA COUNTY COURT OF COMMON PLEAS TO THE HONORABLE CHIEF JUSTICE THOMAS G. SAYLOR AND JUSTICES OF THE SUPREME COURT: Petitioner, Donte Rollins, through his undersigned counsel, files this Petition Requesting Emergency Relief. In support, Mr. Rollins states as follows. Introduction This Court s immediate intervention is necessary to resolve an ongoing injustice. Donte Rollins is serving a sentence of 62.5 to 125 years for an attempted murder in which he played no role. Through several days of testimony supporting his Post-Conviction Relief Act (PCRA) petition Mr. Rollins established even to the Commonwealth s satisfaction his trial counsel s stewardship fell far below

minimal constitutional requirements rendering his conviction a nullity. Further, the Commonwealth agrees Mr. Rollins should be granted post-conviction relief and returned to his pre-trial bail status. Yet, despite this agreement between usual adversaries, Donte Rollins remains imprisoned potentially indefinitely because of the actions of Philadelphia Count Court of Common Pleas Judge Rayford Means. Judge Means has needlessly continued the matter (ostensibly to hear from irrelevant witnesses), rebuffed the parties attempts to make a contemporaneous record of the proceedings, and refuses to rule on the ripe and unopposed PCRA petition. This conduct is prolonging Mr. Rollins incarceration, requiring this Court s intervention via the writs of prohibition and mandamus. The Commonwealth has joined undersigned counsel in various attempts to resolve this case, and has expressed no objection to the requests made herein. Jurisdictional Statement 1. This Court has original jurisdiction over writs of mandamus and prohibition pursuant to 42 Pa. C.S. 721. As explained below, because the lower court refuses to issue a final order on Mr. Rollins pending PCRA petition, there is nothing ancillary to the appellate jurisdiction of this Court. 2

Factual and Procedural Background 2. Mr. Rollins was convicted following a jury trial on December 4, 2007, of attempted murder with serious bodily injury and related charges. Mr. Rollins, who had no prior convictions, was sentenced April 17, 2008, to a term of imprisonment of 62.5 to 125 years. 3. His convictions and sentences were affirmed on direct appeal. Commonwealth v. Donte Rollins, 1285 EDA 2008 (Pa. Super. Oct. 18, 2010). This Court denied leave to appeal. Commonwealth v. Donte Rollins, 620 EAL 2010 (Pa. Dec. 5, 2011). 4. On February 15, 2013, Mr. Rollins filed a counseled petition for PCRA relief primarily alleging trial counsel ineffectively failed to present his complete alibi to the jury. That evidence included live witnesses, surveillance footage of Mr. Rollins miles from the area of the shooting, sales receipts for purchases made, and cell phone records showing multiple calls on his cell phone during the time of the shooting. Mr. Rollins was and remains represented by undersigned counsel Michael Wiseman. 5. On March 4, 2015, undersigned co-counsel from the Pennsylvania Innocence Project (Marissa Boyers Bluestine and Nilam Sanghvi) entered their appearances for Mr. Rollins and, together with Mr. Wiseman, filed an amended 3

PCRA petition adding a claim asserting Mr. Rollins actual innocence of the offense and additional unpresented alibi evidence developed after further investigation. 6. In the ensuing months Mr. Rollins counsel met and communicated with members of the Philadelphia District Attorney s Office including Robin Godfrey, Chief of the PCRA Unit, and Mark Gilson, a veteran homicide prosecutor and Chief of the Conviction Review Unit. The goal was to demonstrate to the Commonwealth Mr. Rollins innocence, as well as the ineffectiveness of his trial counsel. 7. As part of these communications, Mr. Rollins counsel opened their entire file, including trial counsel s file, to inspection by the Commonwealth. Recognizing the compelling circumstances of Mr. Rollins PCRA petition, counsel for both parties have worked cooperatively to resolve this case. 8. At the same time, Judge Means conducted hearings during which Mr. Rollins presented his full alibi including witnesses, surveillance video, documents, and cell phone records as well as trial counsel s testimony. Trial counsel presented no legally acceptable explanation for his failure to present the full alibi at trial. 9. Following trial counsel s testimony, the Commonwealth advised the 4

undersigned that, while it had not arrived at a final position on Mr. Rollins innocence, it agreed Mr. Rollins had met his burden of showing counsel was ineffective with respect to the presentation of the alibi defense and he therefore is entitled to PCRA relief a new trial and return to his pre-trial bail status. 1 10. On April 29, 2016, counsel for the Commonwealth and Mr. Rollins reported to the court there were no further live witnesses to be presented by either side and both stipulated to the testimony of one additional witness, trial counsel s investigator Karim Shabazz. 2 The stipulation was made after consulting with Mr. Shabazz and states Mr. Shabazz would testify he did no work on this case. (See Stipulation filed June 17, 2016, as a Miscellaneous Motion.) 11. Accordingly, counsel informed Judge Means both sides rested. Counsel also advised Judge Means the Commonwealth agrees Mr. Rollins received ineffective assistance of trial counsel, and the District Attorney s Office believes, after many internal discussions with the trial prosecutor and other senior staff members, a new trial is required. In short, the Commonwealth agrees the Court 1 Mr. Rollins was on house arrest at the time of his trial and was remanded when the jury returned its verdict. 2 During trial counsel s PCRA testimony, he indicated Mr. Shabazz typically worked as his investigator, but could not recall whether he used an investigator in this case. 5

should grant Mr. Rollins PCRA petition, vacate his convictions, restore him to his pre-conviction bail status, and relist the matter for retrial. 12. Despite the Commonwealth s position, Judge Means insisted he wished to hear from additional witnesses: the trial prosecutor; the assigned detective; and Mr. Shabazz, despite the stipulation. 3 Counsel asserted the testimony was unnecessary and irrelevant. Instead of scheduling a date for the witnesses testimony, the court directed counsel to ascertain the witnesses availability and continued the case for 60 days for that purpose. Of course the witnesses availability could have been determined in minutes. A continuance of any length of time much less for two months was wholly unnecessary. The court continued the matter until June 27, 2016. 13. On June 17, 2016, Mr. Rollins filed a Motion for Resolution. (A copy of the motion is attached as Exhibit A.) Mr. Rollins pointed out the hearing was complete and neither side wished to present further evidence. This pleading recognized that a trial judge has inherent authority to sua sponte call witnesses, but in this instance Mr. Rollins objected to such witnesses being called as an abuse of discretion. Alternatively, Mr. Rollins implored the Court to conduct any additional 3 Judge Means also said he wanted to hear from the detective who did the photo array, notwithstanding several witnesses testified during the hearings (and as was developed at trial) the victim s grandmother identified Mr. Rollins at arrest. In other words, there was no photo array. 6

testimony expeditiously in light of Mr. Rollins continued incarceration and the Commonwealth s agreement to vacation of Mr. Rollins conviction and his restoration to pre-trial release conditions. 14. The parties again appeared before Judge Means on June 27, 2016. Mr. Shabazz was also present, having been asked to attend by Mr. Rollins counsel. 15. Counsel for Mr. Rollins attempted to create a stenographic record that both sides stipulated to the Mr. Shabazz testimony, both sides have rested, no further witnesses need be called, both sides agree to relief, and to inquire about the motion for resolution. 16. The PCRA court refused to permit counsel to make a record, and sua sponte continued the case until August 29, 2016 to hear from Mr. Shabazz although he was present in the courtroom at the time. 17. When counsel asked again to make a record, the court refused saying counsel could do so in August. When counsel persisted, saying they would wait until all other business in the courtroom was completed to make a record, the court informed counsel they were dismissed. When counsel again attempted to create a 7

stenographic record, the court ordered the sheriff to escort counsel outside. 4 18. The PCRA court set September 26, 2016, as a date to hear from the trial prosecutor and detective even though as both sides agree neither the trial prosecutor nor the assigned detective have any information relevant to the resolution of the legal issues presented in the PCRA petition. Of course, the trial prosecutor s office has already expressed its position on this case: relief should be granted. Moreover, the trial prosecutor has no first-hand knowledge of the unpresented alibi evidence which forms the basis of Mr. Rollins PCRA petition. 19. Judge Means has given no indication whether he intends to hear from witnesses beyond the three mentioned, how long he will take to hear from those 4 The PCRA court s refusal to permit the making of a record is particularly troubling in view of gross inaccuracies in the official docket. Indeed, the docket entries for June 27, 2016, erroneously indicate the court granted a Motion for Continuance, when in fact neither party made such a request. (For this Court s convenience, a copy of the docket is attached as Exhibit B). There are other errors on the docket as well. Accordingly, contemporaneously with this petition, undersigned counsel are filing a motion with the PCRA court to correct the record. Other recent docket inaccuracies include the following: There is no listing for April 29, 2016. There should be a docket entry for that date reflecting the court was informed both parties agree to relief but the court continued the matter sua sponte. Present for the Commonwealth were Robin Godfrey, Esquire and Samuel Ritterman, Esquire. Present for Mr. Rollins was Marissa Boyers Bluestine, Esquire. There are docket listings for June 13, 2016, and June 20, 2016, each reflecting an Order Granting Motion for Continuance, and noting counsel s appearance in court. The case was not listed for those dates, no such motion was filed, and counsel were neither required to be present, nor were they present. 8

witnesses, or how long it will be before he anticipates entering a final order on Mr. Rollins uncontested PCRA petition. 20. On June 28, 2016, counsel sent a letter to Court of Common Pleas Supervising Judge Leon W. Tucker and Administrative Judge Jacqueline F. Allen (with a copy to Judge Means) alerting them to the PCRA court s irregular and unusual conduct and seeking their advice and intervention. (A copy of the letter is attached as Exhibit C.) 21. On June 29, 2016, counsel for Mr. Rollins and the Commonwealth met with Supervising Judge Tucker. Judge Tucker, while sympathetic to the issue, said he had no authority to intervene in the matter beyond having a conversation with Judge Means. 22. As of the date of this filing, the PCRA court has taken no action on Mr. Rollins pending motion for resolution. 23. As of the date of this filing, the PCRA court has not ruled upon the PCRA petition although both sides have rested and agree after extensive investigation and seeing the witnesses testify Mr. Rollins is entitled to relief. 24. As of the date of this filing, Mr. Rollins has been wrongly incarcerated for 67 days since the Commonwealth agreed his conviction should be vacated and he should be released on house arrest. By September 26, 2016, he will 9

have been so imprisoned a wasteful 150 days and 1,319 days since he initially filed his PCRA petition with no end in sight. 25. Mr. Rollins has attempted to secure his agreed-upon relief through a variety of means to no avail. No other legal avenue is available to prevent his prolonged and potentially limitless wrongful incarceration. It is precisely this situation for which writs of mandamus and prohibition exist. A Writ of Prohibition Is Required to Prevent Further Injustice 26. This Court should grant a writ of prohibition to prevent the PCRA court from continuing to unnecessarily delay proceedings, from calling irrelevant witnesses, and from blocking Mr. Rollins case from proceeding through the court system. 27. This Court applies a two-part test to determine whether a writ of prohibition should be granted: (1) there must be no adequate remedy at law; and (2) the requested relief must be necessary to secure order and regularity in judicial proceedings. Glen Mills Sch. v. Ct. Com. Pl. of Phila. County, 520 A.2d 1379, 1381 (Pa. 1987) (quoting Capital Cities Media, Inc. v. Toole, 483 A.2d 1339, 1342-43 (Pa. 1984)). 10

28. An extraordinary writ of prohibition is appropriate when a lower court acts outside its jurisdiction including when a court has abused or may abuse its discretion. Pirillo v. Takiff, 341 A.2d 896, 899-900 (Pa. 1975). If the trial judge has acted in a blatantly unlawful manner, petitions for writs of prohibition may be granted. Id. at 900. It is enough where a court abuses its discretion in rendering a decision required of it by law. Cf. Com. ex rel. Specter v. Shiomos, 320 A.2d 134, 136 (Pa. 1974) (issuing writ of prohibition reversing lower court decision to grant defense counsel discovery of victim s medical records in rape case). 29. This is such a case. The PCRA court has abused its discretion in denying Mr. Rollins undisputed right to make an accurate record of his PCRA proceeding and to have a decision rendered on his PCRA petition. 30. All parties have an unqualified right to ensure accurate records of proceedings in open court. See Pa. R. Crim. P. 115(a) ( In court cases, after a defendant has been held for court, proceedings in open court shall be recorded. ). The Code of Judicial Conduct echoes this by requiring judges to ensure the right to be heard. 207 Pa. Code 2.6(A) (2016) ( A judge shall accord to every person or entity who has a legal interest in a proceeding, or that person or entity s lawyer, the right to be heard according to law. ). 11

31. Mr. Rollins continued incarceration clearly meets the requirements for issuance of a writ of prohibition. Mr. Rollins has taken every conceivable step to address the matter to no avail. So long as the PCRA court continues its capricious actions, Mr. Rollins is without legal remedy to address the situation. He cannot make a record; cannot advance the case in the Court of Common Pleas; and cannot even take an appeal, as the PCRA court refuses to dispose of the matter. 32. In refusing to allow a record to be made of proceedings, in insisting on continuing a matter far longer than necessary to rule on an uncontested petition, and in demanding to hear from witnesses who can shed no light on issues at hand, the PCRA court continues to abuse its discretion to the point of acting in a blatantly unlawful manner. To ensure order and regularity in judicial proceedings, a writ of prohibition barring any delay must issue forthwith. A Writ of Mandamus Is Required to Allow the Case to Proceed 33. To effectuate the writ of prohibition, this Court should issue Mr. Rollins a writ of mandamus to the PCRA court requiring it to fulfill its judicial responsibilities and rule promptly upon Mr. Rollins PCRA petition. 34. This Court has, when required to effectuate justice, issued writs of mandamus to lower courts to rule upon pending PCRA proceedings. See, e.g., 12

Jones v. Ct. Com. Pl. of Phila. County, 108 A.3d 1279 (Pa. 2015) (172 EM 2014); Brown v. Ct. of Com. Pl. of Phila. County, 84 A.3d 1057 (Pa. 2014) (176 EM 2013). 35. Mandamus lies to compel [official] performance of a ministerial act or mandatory duty where there is a clear legal right in the [petitioner], a corresponding duty in the [respondent], and want of any other adequate and appropriate remedy. Bronson v. Pa. Bd. of Prob. & Parole, 421 A.2d 1021, 1023 (Pa. 1980). Mr. Rollins meets all requirements. 36. It is beyond dispute Mr. Rollins has a right to have his petition ruled upon. This is particularly true where all parties agree relief and his restoration to his pre-trial bail status is appropriate and legally required. 37. Moreover, the PCRA court s duty to rule upon a pending petition particularly where relief is agreed upon by parties could not be clearer. Canon 2.5 of the Code of Judicial Conduct requires all judges to perform judicial and administrative duties, competently and diligently. 207 Pa. Code 2.5(A) (2016). Although the canons are aspirational they describe the type of conduct to which a judicial officer will be required to conform and that a departure will occasion a censure. Matter of Cunningham, 538 A.2d 473, 482 (Pa. 1988). 13

38. As discussed above, Mr. Rollins is without available legal remedy. Until the PCRA court rules upon his pending PCRA petition, there is no appealable final or interlocutory order. Should the court grant the petition, Mr. Rollins would be released from custody and the matter listed promptly for retrial or even dismissal once the Commonwealth completes its review of his claim of innocence. Should the court deny the petition notwithstanding the agreement from the Commonwealth to relief, Mr. Rollins would have a final appealable order. Although he attempted to obtain administrative relief through the Court of Common Pleas, no relief was provided. There are no other avenues available to advance Mr. Rollins rights. 39. To be clear, Mr. Rollins is not asking this Court to direct the PCRA court to issue a particular order, but simply to require the court to fulfill its judicial duties by promptly disposing of his PCRA petition, one way or the other. 40. The evidence presented through the PCRA hearings establishes Donte Rollins did not participate in the shooting for which he was convicted. Even aside from the evidence of his absolute innocence of the crime, both sides in this adversarial proceeding agree he is, at a minimum, entitled to have his conviction vacated and be restored to his pre-trial status. The continuation of this matter without resolution constitutes outrageous extra-judicial conduct which must be 14

remedied immediately. This Court should, without delay, issue writs of prohibition and mandamus to restore confidence and value to the proceedings below. Request for Immediate Hearing 41. Mr. Rollins requests this Court issue the requested writs immediately. 42. Should this Court decide a hearing is necessary, Mr. Rollins requests it be convened without delay before the full Court or a single Justice of the Court. WHEREFORE, Petitioner Donte Rollins requests this Court: 1. Issue a Writ of Prohibition to Respondent prohibiting any further continuances or proceedings in this manner; and 2. Issue a Writ of Mandamus to Respondent requiring a ruling upon Mr. Rollins pending PCRA petition within 7 days of this Court s order. Respectfully Submitted, /s/ Michael Wiseman Michael Wiseman, Esq. Attorney No. 75342 P. O. Box 120 Swarthmore, PA 19081 215-450-0903 /s/ Marissa Boyers Bluestine Marissa Boyers Bluestine, Esq. Attorney I.D. No. 75973 Nilam A. Sanghvi, Esq. Attorney I.D. No. 209989 15

The Pennsylvania Innocence Project Temple University Beasley School of Law 1515 Market Street, Suite 300 Philadelphia, PA 19102 215-204-4255 Counsel for Donte Rollins Dated: July 5, 2016 16

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT DONTE ROLLINS, : Petitioner : : NO: v. : : EMERGENCY PETITION COURT OF COMMON PLEAS, : FIRST JUDICIAL DISTRICT, : Respondent : VERIFICATION The facts set forth in this Motion are true and correct to the best of the undersigned s personal knowledge, information, and belief and are verified subject to the penalties for unsworn falsification to authorities under Pennsylvania Crimes Code Section 4904 (42 Pa. C.S. 4904). /s/ Marissa Boyers Bluestine Marissa Boyers Bluestine, Esq.

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT DONTE ROLLINS, : Petitioner : : NO: v. : : EMERGENCY PETITION COURT OF COMMON PLEAS, : FIRST JUDICIAL DISTRICT, : Respondent : CERTIFICATE OF SERVICE I, Marissa Bluestine, hereby certify that on this 5th day of July, 2016, I filed the foregoing by use of the PACFile Electronic Filing system and caused a true and correct copy of the foregoing to be served on the following by hand delivery: A. Taylor Williams, Esquire Legal Counsel Administrative Office of Pennsylvania Courts, Philadelphia 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Counsel for Respondent Court of Common Pleas Samuel Ritterman, Esquire Assistant District Attorney Philadelphia District Attorney s Office Three Penn Square Philadelphia, PA 19103 Counsel for the Commonwealth Honorable Rayford A. Means City Hall, Room 340 Philadelphia, PA, 19107 /s/ Marissa Boyers Bluestine Marissa Boyers Bluestine, Esq.

EXHIBIT A

06/17/2016 12:19:53 PM By: N. LOW The Pennsylvania Innocence Project By: Marissa Boyers Bluestine, Legal Director Attorney No. 75973 Nilam A. Sanghvi, Staff Attorney Attorney No. 209989 Temple University Beasley School of Law 1515 Market Street, Suite 300 Philadelphia, PA 19102 Michael Wiseman Attorney No. 75342 P.O. Box 120 Swarthmore, PA 19081 IN THE PHILADELPHIA COUNTY COURT OF COMMON PLEAS CRIMINAL TRIAL DIVISION COMMONWEALTH OF PENNSYLVANIA, : Respondent : CP-51-CR-511332-2006 : vs. : NCD: 6/27/2016 : DONTE ROLLINS, : Petitioner : PETITIONER S MOTION FOR RESOLUTION TO THE HONORABLE RAYFORD A. MEANS, PRESIDING IN THE COURT OF COMMON PLEAS CRIMINAL TRIAL DIVISION FOR THE COUNTY OF PHILADELPHIA: Petitioner, Donte Rollins, through counsel, moves for resolution of his pending Petition for PCRA relief and states the following in support.

1. During several days of hearings, witnesses called by Mr. Rollins confirmed the impossibility of Mr. Rollins involvement in the shooting. Further, this Court saw numerous objectively reliable exhibits corroborating those witnesses testimony. The Court is well aware the jury who determined Mr. Rollins guilt neither heard the witnesses testimony nor saw that evidence. 2. Significantly, the Court also heard from trial counsel. Because trial counsel offered no objectively reasonable explanation for the truncated investigation of Mr. Rollins alibi, or for his failure to present the full alibi to the jury, the Commonwealth agrees Mr. Rollins is entitled to relief on his pending Petition. Thus, from the perspective of both parties, the hearing is complete and should be resolved in Mr. Rollins favor. 3. In addition to what was presented in Court, all counsel have worked cooperatively throughout the PCRA proceedings; Mr. Rollins counsel provided their entire file to the Commonwealth and met with the head of the District Attorney s Conviction Integrity Unit. Further, the District Attorney held a series of internal discussions with senior staff to review the case, resulting in the Commonwealth s agreement to relief for Mr. Rollins. 4. On April 29, 2016, counsel for the Commonwealth and Mr. Rollins told the Court there are no further witnesses to be presented by either side. 2

Counsel also told the Court the Commonwealth agrees Mr. Rollins received ineffective assistance of trial counsel, and they believe, after many internal discussions with the trial DA and other senior staff members, a new trial is required. In short, the Commonwealth agrees the Court should grant Mr. Rollins PCRA petition, vacate his convictions, restore him to his pre-conviction bail status, and send this matter to a trial room for retrial. 5. Despite being presented with the parties dispositive positions on April 29, the Court took no action; it did not order the agreed-upon relief. Despite the parties agreement that no further evidence is needed to address the ineffectiveness of counsel claims and that Mr. Rollins has met his burden of proof, the Court indicated it wanted additional witnesses called (the trial prosecutor and assigned detective) and set June 27, 2016 (a two month continuance from the last date) to determine the status of these witnesses. 6. Mr. Rollins had been in prison for 1,169 days from filing his PCRA Petition to when the Commonwealth informed the Court it agreed to relief on April 29, 2016. As of June 27, 2016, he will have been in prison for 1,228 days since filing his Petition. 7. Mr. Rollins objects to the Court calling further witnesses. While a court has authority to call its own witnesses, Commonwealth v. DiPasquale, 230 3

A.2d 449, 450-51 (Pa. 1969) ( As a general rule a trial judge may in the exercise of a sound discretion call and examine witness of his own accord ), it is also true that in exercising this power, a wise discretion should be utilized, not only as to whether witnesses should be called by the court itself, but also as to the extent and manner of the examination permitted. Id. (emphasis added). 8. Mr. Rollins submits that here where all parties agree the record is complete and the witnesses proposed will not further the factual inquiry but will delay resolution of this matter, prolonging Mr. Rollins incarceration it would be an abuse of discretion to conduct further PCRA proceedings. 9. Accordingly, Mr. Rollins moves for this Court to resolve the matter. It is time for the Court to rule on the Petition by either agreeing with and ordering the resolution proposed by the parties, or denying relief so an immediate and expected to be unopposed appeal may be taken. 10. Should the Court deny the relief requested and insist on hearing from unnecessary witnesses, given the significant delay in resolution of this Petition the Court should take the testimony immediately and as soon as practical. 1 Following that testimony, if any, the Court should rule on the Petition the day testimony is 1 Mr. Rollins earnestly hopes the Court will not wish to hear from additional witnesses. But in the event the Court wishes to, Mr. Rollins will subpoena the two witnesses identified by 4

complete. WHEREFORE, Donte Rollins requests this Court forthwith resolve these proceedings in: A. Granting the agreed-upon relief by vacating Mr. Rollins convictions, restoring him to his pre-conviction bail status, and sending this matter to a trial room; or, B. Resolving this matter by denying the relief requested despite the agreement of the parties. Respectfully Submitted, /s/ Michael Wiseman Michael Wiseman, Esq. Attorney No. 75342 P. O. Box 120 Swarthmore, PA 19081 215-450-0903 Marissa Boyers Bluestine, Esq. Attorney I.D. No. 75973 Nilam A. Sanghvi, Esq. Attorney I.D. No. 209989 The Pennsylvania Innocence Project Temple University Beasley School of Law 1515 Market Street, Suite 300 Philadelphia, PA 19102 215-204-4255 Counsel for Donte Rollins the Court for June 27, 2016. 5

IN THE PHILADELPHIA COUNTY COURT OF COMMON PLEAS CRIMINAL TRIAL DIVISION COMMONWEALTH OF PENNSYLVANIA, : Respondent : CP-51-CR-511332-2006 : vs. : : DONTE ROLLINS, : Petitioner : VERIFICATION The facts set forth in this Motion are true and correct to the best of the undersigned s personal knowledge, information, and belief and are verified subject to the penalties for unsworn falsification to authorities under Pennsylvania Crimes Code Section 4904 (42 Pa. C.S. 4904). Marissa Boyers Bluestine, Esq.

IN THE PHILADELPHIA COUNTY COURT OF COMMON PLEAS CRIMINAL TRIAL DIVISION COMMONWEALTH OF PENNSYLVANIA, : Respondent : CP-51-CR-511332-2006 : vs. : : DONTE ROLLINS, : Petitioner CERTIFICATE OF SERVICE I, Marissa Bluestine, hereby certify that on this 17th day of June, 2016, I filed the foregoing by use of the Philadelphia Court of Common Pleas Criminal Electronic Filing system and caused a true and correct copy of the foregoing to be served on the following person by United States mail, First Class, postage prepaid: Samuel Ritterman, Esquire Assistant District Attorney Philadelphia District Attorney s Office Three Penn Square Philadelphia, PA 19103 Marissa Boyers Bluestine, Esq.

EXHIBIT B

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Cross Court Docket Nos: 1285 EDA 2008, 620 EAL 2010 Commonwealth of Pennsylvania v. Donte Rollins CASE INFORMATION Judge Assigned: Means, Rayford A. Date Filed: 06/05/2006 Initiation Date: 06/05/2006 OTN: N 382321-2 Initial Issuing Authority: LOTN: Originating Docket No: MC-51-CR-0145621-2006 Final Issuing Authority: Arresting Agency: Philadelphia Pd Arresting Officer: BROWN, RICHARD J. Complaint/Incident #: Case Local Number Type(s) District Control Number Police Incident Number PSI Microfilm Number Legacy Docket Number Case Local Number(s) 0622006117 0622006117 080832 C0605113323 Page 1 of 21 RELATED CASES Related Docket No Related Case Caption Related Court Association Reason Civil Judgment - Fines/Costs/Restitution 080740327 CP-01-51-Crim Civil Judgment - Fines/Costs/Restitution Joined Codefendant Cases CP-51-CR-0511331-2006 Comm. v. Collins, Raheem CP-01-51-Crim Joined Codefendant Cases CP-51-CR-0706771-2006 Comm. v. Norris, Kevin CP-01-51-Crim Joined Codefendant Cases CP-51-CR-0511333-2006 Comm. v. Powell, Chriss CP-01-51-Crim Joined Codefendant Cases STATUS INFORMATION Case Status: Closed Status Date Processing Status Arrest Date: 01/28/2006 02/15/2013 Awaiting PCRA Decision 01/13/2012 Completed 04/22/2008 Awaiting Appellate Court Decision 04/17/2008 Sentenced/Penalty Imposed 12/04/2007 Awaiting Sentencing 12/04/2007 Awaiting PSI 09/17/2006 Awaiting Trial 06/05/2006 Migrated Case (Active) Complaint Date: 01/29/2006 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Case Calendar Event Type Formal Arraignment Pre-Trial Conference Scheduling Conference Trial Status Listing Status Listing Status Listing Status Listing Status Listing Trial Motions Hearing Motions Hearing Trial Trial Trial Trial Trial Trial Trial Trial Trial Trial Trial Trial Trial Trial Add-On/Psychiatric Evaluation Sentencing PCRA PCRA PCRA PCRA PCRA Schedule Start Date Start Time Commonwealth of Pennsylvania v. Donte Rollins CALENDAR EVENTS Room Judge Name Schedule Status 06/13/2006 10:30 am 504 Scheduled 07/27/2006 8:30 am 707 Scheduled 08/10/2006 8:30 am 804 Judge Rayford A. Means Scheduled 12/27/2006 9:00 am 804 Judge Rayford A. Means Scheduled 01/09/2007 9:00 am 804 Judge Rayford A. Means Continued 02/09/2007 9:00 am 804 Judge Rayford A. Means Continued 02/16/2007 9:00 am 804 Judge Rayford A. Means Continued 03/16/2007 9:00 am 804 Judge Rayford A. Means Scheduled 04/13/2007 9:00 am 804 Judge Rayford A. Means Scheduled 08/20/2007 9:00 am 707 Judge Rayford A. Means Scheduled 09/14/2007 9:00 am 707 Judge Rayford A. Means Continued 11/15/2007 9:00 am 707 Judge Rayford A. Means Cancelled 11/15/2007 9:00 am 707 Judge Rayford A. Means Continued 11/16/2007 9:00 am 707 Judge Rayford A. Means Continued 11/19/2007 9:00 am 707 Judge Rayford A. Means Continued 11/20/2007 9:00 am 707 Judge Rayford A. Means Continued 11/21/2007 9:00 am 707 Judge Rayford A. Means Continued 11/26/2007 9:00 am 707 Judge Rayford A. Means Continued 11/27/2007 9:00 am 707 Judge Rayford A. Means Continued 11/28/2007 9:00 am 707 Judge Rayford A. Means Continued 11/29/2007 9:00 am 707 Judge Rayford A. Means Continued 11/30/2007 9:00 am 707 Judge Rayford A. Means Continued 12/03/2007 9:00 am 707 Judge Rayford A. Means Continued 12/04/2007 9:00 am 707 Judge Rayford A. Means Continued 12/04/2007 9:00 am 707 Judge Rayford A. Means Scheduled 12/05/2007 9:00 am 707 Judge Rayford A. Means Moved 12/12/2007 8:30 am Mental Health Clinic Scheduled 04/17/2008 9:00 am 707 Judge Rayford A. Means Scheduled 05/16/2013 9:00 am 206 Scheduled 06/30/2015 9:00 am 206 Moved 08/19/2015 9:00 am 705 Judge Rayford A. Means Continued 11/06/2015 8:00 am 705 Judge Rayford A. Means Moved 11/20/2015 8:00 am 705 Judge Rayford A. Means Continued Page 2 of 21 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Case Calendar Event Type PCRA PCRA PCRA PCRA PCRA PCRA PCRA PCRA PCRA PCRA PCRA PCRA PCRA PCRA Schedule Start Date Start Time Commonwealth of Pennsylvania v. Donte Rollins CALENDAR EVENTS Room Judge Name Schedule Status 12/03/2015 8:00 am 705 Judge Rayford A. Means Continued 12/18/2015 8:00 am 705 Judge Rayford A. Means Continued 01/08/2016 8:00 am 705 Judge Rayford A. Means Continued 01/15/2016 8:00 am 705 Judge Rayford A. Means Continued 01/21/2016 8:00 am 705 Judge Rayford A. Means Continued 01/22/2016 8:00 am 705 Judge Rayford A. Means Continued 02/18/2016 8:00 am 705 Judge Rayford A. Means Continued 02/19/2016 8:00 am 705 Judge Rayford A. Means Continued 04/28/2016 8:00 am 705 Judge Rayford A. Means Scheduled 04/29/2016 8:00 am 705 Judge Rayford A. Means Scheduled 06/13/2016 8:00 am 705 Judge Rayford A. Means Scheduled 06/20/2016 8:00 am 705 Judge Rayford A. Means Scheduled 06/27/2016 8:00 am 705 Judge Rayford A. Means Continued 08/29/2016 8:00 am 705 Judge Rayford A. Means Scheduled CONFINEMENT INFORMATION Page 3 of 21 Confinement Known As Of Confinement Type Destination Location Confinement Reason 07/25/2008 DOC Confined SCI Graterford Yes DEFENDANT INFORMATION Date Of Birth: 02/15/1987 City/State/Zip: PHILA., PA 19132 Still in Custody Participant Type Defendant Rollins, Donte CASE PARTICIPANTS Name Rollins, Donte BAIL INFORMATION Nebbia Status: None Bail Action Date Bail Type Percentage Amount Bail Posting Status Posting Date Set Revoke Seq. Orig Seq. 04/13/2007 12/04/2007 Unsecured Unsecured CHARGES $250,000.00 $250,000.00 Grade Statute Statute Description Offense Dt. OTN 1 1 F1 18 2702 A Aggravated Assault 01/28/2006 N 382321-2 2 2 F1 18 901 A Criminal Attempt Murder 01/28/2006 N 382321-2 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Seq. Orig Seq. Commonwealth of Pennsylvania v. Donte Rollins CHARGES Grade Statute Statute Description Offense Dt. OTN 3 3 M1 18 907 A Poss Instrument Of Crime W/Int 01/28/2006 N 382321-2 4 4 M2 18 2701 A Simple Assault 01/28/2006 N 382321-2 5 5 M2 18 2705 Recklessly Endangering Another Person 01/28/2006 N 382321-2 6 6 F1 18 903 A1 Criminal Conspiracy Engaging Murder 01/28/2006 N 382321-2 7 7 F1 18 2702 A Aggravated Assault 01/28/2006 N 382321-2 8 8 F1 18 901 A Criminal Attempt Murder 01/28/2006 N 382321-2 9 9 M1 18 907 A Poss Instrument Of Crime W/Int 01/28/2006 N 382321-2 10 10 M2 18 2701 A Simple Assault 01/28/2006 N 382321-2 11 11 M2 18 2705 Recklessly Endangering Another Person 01/28/2006 N 382321-2 12 12 F1 18 903 A1 Criminal Conspiracy Engaging Murder 01/28/2006 N 382321-2 13 13 F1 18 2702 A Aggravated Assault 01/28/2006 N 382321-2 14 14 F1 18 901 A Criminal Attempt Murder 01/28/2006 N 382321-2 15 15 M1 18 907 A Poss Instrument Of Crime W/Int 01/28/2006 N 382321-2 16 16 M2 18 2701 A Simple Assault 01/28/2006 N 382321-2 17 17 M2 18 2705 Recklessly Endangering Another Person 01/28/2006 N 382321-2 18 18 F1 18 903 A1 Criminal Conspiracy Engaging Murder 01/28/2006 N 382321-2 19 19 F1 18 2702 A Aggravated Assault 01/28/2006 N 382321-2 20 20 F1 18 901 A Criminal Attempt Murder 01/28/2006 N 382321-2 21 21 M1 18 907 A Poss Instrument Of Crime W/Int 01/28/2006 N 382321-2 22 22 M2 18 2701 A Simple Assault 01/28/2006 N 382321-2 23 23 M2 18 2705 Recklessly Endangering Another Person 01/28/2006 N 382321-2 24 24 F1 18 903 A1 Criminal Conspiracy Engaging Murder 01/28/2006 N 382321-2 25 25 M1 18 6108 Carry Firearms Public In Phila 01/28/2006 N 382321-2 Disposition Case Event Sequence/Description Guilty Trial Sentencing Judge Sentence/Diversion Program Type Sentence Conditions DISPOSITION SENTENCING/PENALTIES Disposition Date Offense Disposition Sentence Date Incarceration/Diversionary Period Final Disposition Grade Section 12/04/2007 Final Disposition Credit For Time Served Start Date 1 / Aggravated Assault Guilty F1 18 2702 A Means, Rayford A. 04/17/2008 Confinement WITH CRIM ATTEMPT MURDER Min of 10.00 Years Max of 20.00 Years Other 04/17/2008 Page 4 of 21 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Commonwealth of Pennsylvania v. Donte Rollins DISPOSITION SENTENCING/PENALTIES Disposition Date Offense Disposition Sentence Date Incarceration/Diversionary Period Final Disposition Grade Section Credit For Time Served Start Date Page 5 of 21 2 / Criminal Attempt Murder Guilty F1 18 901 A Means, Rayford A. 04/17/2008 Confinement Min of 20.00 Years Max of 40.00 Years Other 04/17/2008 3 / Poss Instrument Of Crime W/Int Nolle Prossed M1 18 907 A Means, Rayford A. 04/17/2008 4 / Simple Assault Nolle Prossed M2 18 2701 A Means, Rayford A. 04/17/2008 5 / Recklessly Endangering Another Person Nolle Prossed M2 18 2705 Means, Rayford A. 04/17/2008 6 / Criminal Conspiracy Engaging Murder Nolle Prossed F1 18 903 A1 Means, Rayford A. 04/17/2008 7 / Aggravated Assault Guilty F1 18 2702 A Means, Rayford A. 04/17/2008 Confinement Min of 10.00 Years Max of 20.00 Years Other 04/17/2008 8 / Criminal Attempt Murder Nolle Prossed F1 18 901 A Means, Rayford A. 04/17/2008 9 / Poss Instrument Of Crime W/Int Nolle Prossed M1 18 907 A Means, Rayford A. 04/17/2008 10 / Simple Assault Nolle Prossed M2 18 2701 A Means, Rayford A. 04/17/2008 11 / Recklessly Endangering Another Person Nolle Prossed M2 18 2705 Means, Rayford A. 04/17/2008 12 / Criminal Conspiracy Engaging Murder Nolle Prossed F1 18 903 A1 Means, Rayford A. 04/17/2008 13 / Aggravated Assault Guilty F1 18 2702 A Means, Rayford A. 04/17/2008 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Confinement Commonwealth of Pennsylvania v. Donte Rollins DISPOSITION SENTENCING/PENALTIES Disposition Date Offense Disposition Sentence Date Incarceration/Diversionary Period Min of 10.00 Years Max of 20.00 Years Other Final Disposition Grade Section Credit For Time Served Start Date 04/17/2008 14 / Criminal Attempt Murder Nolle Prossed F1 18 901 A Means, Rayford A. 04/17/2008 15 / Poss Instrument Of Crime W/Int Nolle Prossed M1 18 907 A Means, Rayford A. 04/17/2008 16 / Simple Assault Nolle Prossed M2 18 2701 A Means, Rayford A. 04/17/2008 17 / Recklessly Endangering Another Person Nolle Prossed M2 18 2705 Means, Rayford A. 04/17/2008 18 / Criminal Conspiracy Engaging Murder Guilty F1 18 903 A1 Means, Rayford A. 04/17/2008 Confinement Min of 10.00 Years Max of 20.00 Years Other 04/17/2008 19 / Aggravated Assault Guilty F1 18 2702 A Means, Rayford A. 04/17/2008 Confinement Min of 10.00 Years Max of 20.00 Years Other 04/17/2008 20 / Criminal Attempt Murder Nolle Prossed F1 18 901 A Means, Rayford A. 04/17/2008 21 / Poss Instrument Of Crime W/Int Nolle Prossed M1 18 907 A Means, Rayford A. 04/17/2008 22 / Simple Assault Nolle Prossed M2 18 2701 A Means, Rayford A. 04/17/2008 23 / Recklessly Endangering Another Person Nolle Prossed M2 18 2705 Means, Rayford A. 04/17/2008 24 / Criminal Conspiracy Engaging Murder Nolle Prossed F1 18 903 A1 Means, Rayford A. 04/17/2008 Page 6 of 21 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Commonwealth of Pennsylvania v. Donte Rollins DISPOSITION SENTENCING/PENALTIES Disposition Date Offense Disposition Sentence Date Incarceration/Diversionary Period Final Disposition Grade Section Credit For Time Served Start Date Page 7 of 21 25 / Carry Firearms Public In Phila Guilty M1 18 6108 Means, Rayford A. 04/17/2008 Confinement COMMONWEALTH INFORMATION Name: District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): 215-686-8000 (Phone) Address: 3 South Penn Square Philadelphia, PA 19107 Min of 2.00 Years 6.00 Months Max of 5.00 Years 2 1/2-5 years ATTORNEY INFORMATION Name: Supreme Court No: Rep. Status: Phone Number(s): Marissa Boyers Bluestine Private 075973 Active 204-425-5 (Phone) Address: Pennsylvania Innocence Project 1719 N Broad St Philadelphia, PA 19122 Representing: Rollins, Donte 04/17/2008 ENTRIES Sequence Number CP Filed Date Document Date Filed By 1 05/24/2006 Migrated, Filer COMMON PLEAS ARRAIGNMENT NEXT ACTION: ARRAIGNMENT DATE: 06/13/06 TIME: 1030 ROOM 504 CJC, 1301 FILBERT ST 1 06/05/2006 Unknown Filer Held for Court 2 06/05/2006 Migrated, Filer COMMON PLEAS CASE CREATED RULE RUN DATE: 01/28/07 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 8 of 21 2 06/13/2006 Migrated, Filer COMMON PLEAS ARRAIGNMENT NEXT ACTION: PRETRIAL DATE: 07/13/06 TIME: 0900 ROOM 707 CJC, 1301 FILBERT ST MAJOR CASE 1 07/13/2006 Migrated, Filer COMMON PLEAS CONTINUANCE LIST FOR PRETRIAL NEXT ACTION: PRETRIAL DATE: 07/18/06 TIME: 0830 ROOM 707 CJC, 1301 FILBERT ST 1 07/18/2006 Migrated, Filer COMMON PLEAS CONTINUANCE LIST FOR PRETRIAL NEXT ACTION: PRETRIAL DATE: 07/24/06 TIME: 0830 ROOM 707 CJC, 1301 FILBERT ST 1 07/24/2006 Migrated, Filer COMMON PLEAS CONTINUANCE LIST FOR PRETRIAL NEXT ACTION: PRETRIAL DATE: 07/27/06 TIME: 1030 ROOM 707 CJC, 1301 FILBERT ST 2 07/24/2006 Migrated, Filer CRIMINAL DOCKET COMMENTS CASE GIVEN A TIME CERTAIN FOR 7/27/06 OF 10:30 A.M. FOR BAIL MOTION 2 07/27/2006 Migrated, Filer COMMON PLEAS CONTINUANCE CP SECTION CALENDARING LISTED FOR SCHEDULING CONFERENCE SECTION JUDGE: 382 MEANS, RAYFORD A NEXT ACTION: SCHEDULING CONFERENCE DATE: 08/10/06 TIME: 0830 ROOM 804 CJC, 1301 FILBERT ST COMPLEX JURY 03 DAY(S) CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 9 of 21 3 07/27/2006 Migrated, Filer COMMON PLEAS CONTINUANCE LIST FOR PRETRIAL NEXT ACTION: PRETRIAL DATE: 07/27/06 TIME: 0830 ROOM 707 CJC, 1301 FILBERT ST 4 07/27/2006 Migrated, Filer CRIMINAL DOCKET COMMENTS BAIL REDUCTION MOTION DENIED 2 08/10/2006 Migrated, Filer COMMON PLEAS CONTINUANCE LISTED FOR TRIAL SECTION JUDGE: 382 MEANS, RAYFORD A NEXT ACTION: TRIAL DATE: 12/27/06 TIME: 0900 ROOM 804 CJC, 1301 FILBERT ST COMPLEX JURY 04 DAY(S) 1 04/13/2007 Means, Rayford A. Bail Set - Rollins, Donte 3 04/13/2007 Hearing Notice 5 04/13/2007 Means, Rayford A. Order Granting Motion for Modification of Bail ADA: Deborah Nixon Def. Attorney: Nino Tinari Court grants defense motion to reduce bail from one million dollars to $250,000.00 SOB on condition defendant be placed under active electronic monitor house arrest at 2311 N. Opal St., Phila. 19132 NCD 8/20/07 Rm. 804 6 04/13/2007 Means, Rayford A. Attached for Trial Mr. Tinari is attached for 8/20/07 Rm 804 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 10 of 21 1 04/27/2007 Hearing Notice 2 08/20/2007 Hearing Notice 3 09/14/2007 Hearing Notice 7 09/14/2007 Hearing Notice 1 10/25/2007 Hearing Notice 3 11/15/2007 Hearing Notice 3 11/16/2007 Hearing Notice 3 11/19/2007 Hearing Notice 4 11/19/2007 Means, Rayford A. Jury Selection begins 11:00 AM 11-15-07 rm 707 11 jurors selected con't 11-16-07 remaining 5 jurors selected, 12 jurors, 4 alternates 5 11/19/2007 Means, Rayford A. Jury Sworn CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 11 of 21 6 11/19/2007 Means, Rayford A. Trial Continued opening statements, testimony begins con't 11-20-07 rm 707 3 11/20/2007 Hearing Notice 3 11/21/2007 Hearing Notice 3 11/26/2007 Hearing Notice 3 11/27/2007 Hearing Notice 4 11/27/2007 Tinari, Nino V. Motion to Exclude Prior Testimony to strike testimony of Det. Rago DENIED 5 11/27/2007 Tinari, Nino V. Motion for Mistrial DENIED 3 11/28/2007 Hearing Notice 3 11/29/2007 Hearing Notice 3 11/30/2007 Hearing Notice CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 12 of 21 3 12/03/2007 Hearing Notice 3 12/04/2007 Hearing Notice 4 12/04/2007 Means, Rayford A. Order Granting Motion to Revoke/Release and Forfeit Bail - Rollins, Donte 7 12/04/2007 Hearing Notice 11 12/04/2007 Hearing Notice 12 12/04/2007 Means, Rayford A. Guilty After due deliberation, the jury returned with a verdict of GUILTY as to 4 counts Aggravated Assault; Attempted Murder (J.Wright); Conspiracy (B.Wright);Carrying a firearm without a license.psi/mh ordered. Senctence Deferred. 13 12/04/2007 Means, Rayford A. Disposition Filed 1 04/17/2008 Means, Rayford A. Order - Sentence/Penalty Imposed 62 1/2 TO 125 YEARS. ADA: DEBORAH NIXON ATTY: NINO TINARI STENO: EILEEN SHAW CLK: AWALKER 2 04/17/2008 Means, Rayford A. Penalty Assessed ADA: DEBORAH NIXON ATTY: NINO TINARI CLK: AWALKER STENO EILEEN SHAW 1 04/21/2008 Adult Probation Unit Pre-Sentence Investigation Report Filed CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Service To Service By Page 13 of 21 Issue Date Service Type Philadelphia County 04/21/2008 Hand Delivered Status Date Service Status D1/1 04/22/2008 Tinari, Nino V. Notice of Appeal to the Superior Court JOS J. Means file located District Attorney's Office 04/21/2008 First Class 1 05/15/2008 Superior Court of Pennsylvania - Eastern District Docketing Statement from Superior Court 1285 EDA 2008 D2/2 05/15/2008 Means, Rayford A. Order Issued Pursant to Pa.R.A.P. 1925(b) D3/1 06/03/2008 Gelman, Norris E. Unopposed Motion for Twenty one Day Extension to File 1925(b) D4/1 06/05/2008 06/04/2008 Means, Rayford A. Order Issued Pursant to Pa.R.A.P. 1925(b) Gelman, Norris E. First Class 06/04/2008 District Attorney's Office 06/04/2008 First Class D5/1 06/23/2008 Gelman, Norris E. 1925 (b) Statement Means, Rayford A. 06/23/2008 Hand Delivered District Attorney's Office 06/23/2008 First Class CPCMS 9082 Gelman, Norris E. Gelman, Norris E. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Service To Service By Page 14 of 21 Issue Date Service Type Status Date Service Status 1 07/01/2008 Entry of Civil Judgment Fines, Costs and Restitution D6/1 07/02/2008 Means, Rayford A. Opinion 2 07/02/2008 Appeal Docket Entries and Served 3 07/02/2008 Certificate and Transmittal of Record to Appellate Court 1 07/11/2008 Means, Rayford A. Supplemental Opinion 1 08/06/2008 Satisfaction of Civil Judgment Fines, Costs and Restitution 1 09/19/2008 Means, Rayford A. Opinion 2 09/19/2008 Certificate and Transmittal of Record to Appellate Court Opinion dated 9/19/08 transmitted to Superior Court this date. 1 10/14/2008 Transcript from Lower Court Notes of Testimony from 11/27/07, 11/19/07, 11/20/07, 11/21/07, 11/16/07, 11/28/07, 11/26/07, 11/29/07, 11/30/07, 12/3/07, 12/4/07. Sent to Superior Court. CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 15 of 21 1 11/17/2008 Transcript from Lower Court Notes of Testimony from 4/17/08 (sentencing) sent to Superior Court 2 11/17/2008 Certificate and Transmittal of Record to Appellate Court 1 03/12/2009 Payment Plan Introduction Letter 1 04/15/2009 Rollins, Donte Penalty Satisfied 1 07/06/2009 Delinquency Notice Filed - 67 Days Overdue 1 08/06/2009 Delinquency Notice Filed - 98 Days Overdue 1 10/18/2010 Superior Court of Pennsylvania - Eastern District Judgement of Sentence Affirmed 1 11/05/2010 Supreme Court of Pennsylvania - Eastern District Petition for Allowance of Appeal Filed - Supreme Court 620 EAL 2010 1 12/05/2011 Supreme Court of Pennsylvania - Eastern District Petition for Allowance of Appeal Denied - Supreme Court 1 10/19/2012 Rollins, Donte Return Case From Collection Agency - Court Request/Order CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 16 of 21 1 02/15/2013 Wiseman, Michael Post-Conviction Collateral Relief Act Motion 1 02/20/2013 PCRA - Initial Review Status 1 05/14/2013 District Attorney's Office Answer to Petition for Post Conviction Relief Commonwealth Letter Brief 1 08/22/2013 Wiseman, Michael Miscellaneous Motion Filed Miscellaneous Motion Filed on behalf of Rollins, Donte. 1 03/03/2015 Bluestine, Marissa Boyers Entry of Appearance Entry of Appearance filed on behalf of Rollins, Donte. 2 03/03/2015 Bluestine, Marissa Boyers Entry of Appearance Entry of Appearance filed on behalf of Rollins, Donte. 1 03/04/2015 Wiseman, Michael PCRA - Amended PCRA Petition Filed PCRA - Amended PCRA Petition Filed on behalf of Rollins, Donte. 1 03/10/2015 Bluestine, Marissa Boyers PCRA - Amended PCRA Petition Filed PCRA - Amended PCRA Petition Filed on behalf of *. 1 06/19/2015 Transcript of Proceedings Filed Exhibit 1 (DVD), JT -12/4/07, 12/3/07, 11/30/07, 11/29/07, 11/28/07, 11/27/07, 11/26/07, 11/21/07, 11/20/07, 11/19/07, 11/16/07,, CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 17 of 21 1 06/30/2015 District Attorney's Office Letter in Brief Letter in Brief filed on behalf of Commonwealth Of Pennsylvania. 1 08/26/2015 District Attorney's Office Letter in Brief Letter in Brief filed on behalf of Commonwealth Of Pennsylvania. 1 11/12/2015 Bluestine, Marissa Boyers Motion for Discovery Motion for Discovery filed on behalf of Rollins, Donte. 4 11/20/2015 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA:, Atty: Bluestone, DRT: D. Sidberry, Clerk: R. Moore PCRA Hearing Continued Defendant not brought down from SCI Graterford (WRIT PREPARED) Next Court Date: 12/03/2015, Room 705 4 12/18/2015 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA: Ritterman, Atty: Bluestone, DRT: D. Sidberry, Clerk: R. Moore Pcra Hearing Continued Biforcated for further testimony Next Court Date: 01/18/2016, Room 705 1 01/15/2016 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA:, Atty: Bluestein, DRT: D. Sidberry, Clerk: R. Moore PCRA Hearing Continued Defendant not brought down from SCI Graterford (WRIT PREPARED) Next Court Date: 01/22/2016, Room 705 4 01/21/2016 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA: PCRA Unit Atty: Bluestein, DRT: D. Sidberry, Clerk: R. Moore PCRA Hearing Continued Defendant Not Brought down (WRIT PREPARED) Next Court Date: 01/22/2016, Room 705 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 18 of 21 1 02/18/2016 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA: PCRA unit, Atty: Bluestein, DRT: D. Barishek, Clerk: R. Moore PCRA Hearing Continued Defendant committed and retained in county custody Next Court Date: 02/19/2016, Room 705 1 02/19/2016 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA:, Atty: Bluestein, DRT: D. Sidberry, Clerk: R. Moore Biforcated Further Witness Testimony taken All exhibits moved Next Court Date: 04/29/2016, Room 705 1 02/26/2016 Means, Rayford A. PCRA Order AND NOW, this 26th day of February 2016, it is hereby ORDERED and DECREED that both parties file an Offer of Proof within thirty (30) days of the date of this Order. The Offer of Proof shall include: 1) the names of any remaining witness the party intends to call; 2) the anticipated scope of each witness' testimony; and 3) the anticipated number of questions for each witness. BY THE COURT: RAYFORD A. MEANS, J. Bluestine, Marissa Boyers First Class 02/26/2016 District Attorney's Office 02/26/2016 First Class Wiseman, Michael 02/26/2016 First Class 1 03/09/2016 District Attorney's Office Letter in Brief Letter in Brief filed on behalf of Commonwealth Of Pennsylvania. 1 03/25/2016 Bluestine, Marissa Boyers Miscellaneous Motion Filed Miscellaneous Motion Filed on behalf of Rollins, Donte. CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins ENTRIES Sequence Number CP Filed Date Document Date Filed By Page 19 of 21 1 06/13/2016 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA: R. Daisey, Atty: Bluestein, DRT: D. Sidberry, Clerk: R. Moore PCRA Hearing Continued Defendant not brought down from SCI Graterford Next Court Date: 06/27/2016, Room 705 1 06/17/2016 Bluestine, Marissa Boyers Miscellaneous Motion Filed Miscellaneous Motion Filed on behalf of Rollins, Donte. 2 06/17/2016 Bluestine, Marissa Boyers Miscellaneous Motion Filed Miscellaneous Motion Filed on behalf of Rollins, Donte. 1 06/20/2016 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA: PCRA Unit, Atty: Bluestein, DRT: D. Sidberry, Clerk: R. Moore PCRA Hearing Continued Next Listing 06/27 Next Court Date: 06/27/2016, Room 705 1 06/27/2016 Means, Rayford A. Order Granting Motion for Continuance Judge: R. Means, ADA: PCRA Unit, Atty: Bluestine, DRT: D. Sidberry, Clerk: R. Moore PCRA Hearing Continued Defendant not brought down (WRIT PREPARED) Next Court Date: 08/29/2016, Room 705 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Donte Rollins PAYMENT PLAN SUMMARY Page 20 of 21 Payment Plan No Payment Plan Freq. Next Due Date Active Overdue Amt Responsible Participant Suspended Next Due Amt 51-2008-P000004728 Monthly 04/30/2009 Yes $37.00 Rollins, Donte No $2.85 Payment Plan History: Receipt Date Payor Name Participant Role Amount 08/13/2008 Payment $17.00 09/30/2008 Payment $92.00 10/06/2008 Payment CVCF Payor $46.00 10/24/2008 Payment CVCF Payor $6.80 10/27/2008 Payment $30.25 10/27/2008 Payment $13.20 11/19/2008 Payment CVCF Payor $7.20 11/21/2008 Payment $24.79 11/21/2008 Payment $17.80 01/09/2009 Payment $3.02 01/09/2009 Payment $50.00 03/06/2009 Payment $17.88 03/06/2009 Payment $50.00 03/17/2009 Payment $28.17 03/26/2009 Payment $60.74 04/15/2009 Payment $22.15 CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DOCKET Docket Number: CP-51-CR-0511332-2006 CRIMINAL DOCKET Court Case Rollins, Donte Defendant Costs/Fees Commonwealth of Pennsylvania Page 21 of 21 v. Donte Rollins CASE FINANCIAL INFORMATION Last Payment Date: 06/20/2016 Total of Last Payment: -$25.00 State Court Costs (Act 204 of 1976) Commonwealth Cost - HB627 (Act 167 of 1992) County Court Cost (Act 204 of 1976) Crime Victims Compensation (Act 96 of 1984) Domestic Violence Compensation (Act 44 of 1988) Victim Witness Service (Act 111 of 1998) Firearm Education and Training Fund Judicial Computer Project ATJ DNA Detection Fund (Act 185-2004) CQS Fee Felony (Philadelphia) Appeal to Superior Court (Philadelphia) Lien Filing (Philadelphia) Lien Filing (Philadelphia) Collection Fee (Philadelphia) Filing Fee (Philadelphia) Motion Filing Fee (Philadelphia) Filing Fee (Philadelphia) Filing Fee (Philadelphia) Filing Fee (Philadelphia) Filing Fee (Philadelphia) Filing Fee (Philadelphia) Assessment Payments Adjustments Non Monetary Payments Total $11.09 -$11.09 $0.00 $0.00 $0.00 $16.64 -$16.64 $0.00 $0.00 $0.00 $24.27 -$24.27 $0.00 $0.00 $0.00 $35.00 -$35.00 $0.00 $0.00 $0.00 $10.00 -$10.00 $0.00 $0.00 $0.00 $25.00 -$25.00 $0.00 $0.00 $0.00 $5.00 -$5.00 $0.00 $0.00 $0.00 $8.00 -$8.00 $0.00 $0.00 $0.00 $2.00 -$2.00 $0.00 $0.00 $0.00 $250.00 -$250.00 $0.00 $0.00 $0.00 $100.00 -$100.00 $0.00 $0.00 $0.00 $40.00 -$40.00 $0.00 $0.00 $0.00 $18.50 $0.00 $0.00 $0.00 $18.50 $18.50 $0.00 $0.00 $0.00 $18.50 $6.23 $0.00 -$6.23 $0.00 $0.00 $12.50 -$12.50 $0.00 $0.00 $0.00 $12.50 -$12.50 $0.00 $0.00 $0.00 $12.50 -$12.50 $0.00 $0.00 $0.00 $12.50 -$12.50 $0.00 $0.00 $0.00 $12.50 -$12.50 $0.00 $0.00 $0.00 $12.50 -$12.50 $0.00 $0.00 $0.00 $12.50 -$12.50 $0.00 $0.00 $0.00 Costs/Fees Totals: $657.73 -$614.50 -$6.23 $0.00 $37.00 Grand Totals: $657.73 -$614.50 -$6.23 $0.00 $37.00 ** - Indicates assessment is subrogated CPCMS 9082 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Printed: 07/05/2016

EXHIBIT C