Commonwealth v. Brown

OPINION BY STEVENS, P.J.E.:

Dwayne Brown ("Appellant") appeals from the order entered in the Court of Common Pleas of Philadelphia County dismissing his fourth petition under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A. § 9541 et seq. , as untimely filed. Herein, Appellant contends it is unconstitutional to apply the PCRA timeliness provisions to bar a petition bringing a "gateway claim of actual innocence" 1 under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and he argues the court erred in dismissing his petition *419 without a review of the entire record. We…