Post Conviction Review Results in Affirmation of Sentence
Post 5036
See the full video at https://rumble.com/v6rjqp3-challenge-to-guilty-plea-fails.html and at https://youtu.be/1atskrw8-og and at https://zalma.com/blog plus more than 5000 posts.
Lewis R. Brown, appealed from the December 20, 2023 order entered in the Delaware County, Pennsylvania Court of Common Pleas denying his petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-46, as meritless.
In Commonwealth Of Pennsylvania v. Lewis R. Brown, No. 197 EDA 2024, No. J-S02022-25, Superior Court of Pennsylvania (March 24, 2025) reviewed his appeal after his request for post sentence motion to reconsider his sentence was denied.
FACTS
On June 21, 2022, Appellant entered an open guilty plea to Insurance Fraud, Theft by Deception, Criminal Use of a Communication Facility, and Conspiracy to Commit Insurance Fraud. In pleading guilty, Appellant admitted that he called his insurance company regarding a fraudulent claim from Delaware County and received payment for the fraudulent claim at his residence in Delaware County.
On August 15, 2022, the trial court sentenced Appellant to a term of 18 to 48 months of incarceration, a concurrent term of 6 years of probation, and restitution.
Plea counsel filed a post-sentence motion for reconsideration of sentence, which the trial court granted. The court resentenced Appellant to a term of 15 to 36 months of incarceration, a concurrent term of 6 years of probation, and restitution.
On October 11, 2022, Brown obtained new counsel who filed a motion for reconsideration of sentence, which the trial court denied. Then, Appellant pro se filed the instant PCRA petition. The PCRA court appointed counsel who, on March 14, 2023, filed an amended petition.
In the amended petition, Appellant came up with an amazing assertion that Philadelphia County was the proper jurisdiction for this matter because the conduct underlying the charges against him “occurred via telephone communication in the City of Philadelphia” and no criminal behavior occurred in Delaware County so his plea of guilty should be rescinded.
THE PCRA COURT
On September 19, 2023, the PCRA court held a hearing on the petition, permitting Brown to speak. Brown stated that he believed Delaware County lacked jurisdiction because all criminal conduct occurred in Philadelphia County.
ISSUES
Appellant’s counsel raised the following issues:
1 Did the [PCRA] court abuse its discretion by denying [] Appellant’s [PCRA] petition after a hearing where he presented evidence that jurisdiction and/or venue was improper in Delaware County, Pennsylvania, where all the criminal conduct occurred in Philadelphia County?
2 Was plea counsel ineffective for failing to challenge venue and/or jurisdiction where all criminal conduct occurred in Philadelphia County?
To support the motion Counsel is required to submit a “no merit” brief (1) detailing the nature and extent of her review; (2) listing each issue the petitioner wishes to have raised on review; and (3) explaining why the petitioner’s issues are meritless. The Court then conducts its own independent review of the record to determine if the petition is meritless.
ANALYSIS
An appellate court must give great deference to the findings of the PCRA court if the record contains any support for those findings. The PCRA court’s credibility determinations are binding on the appellate court.
A petitioner must establish that the issues raised in the PCRA petition have not been previously litigated or waived, and that the failure to litigate the issue prior to or during trial, during unitary review or on direct appeal could not have been the result of any rational, strategic or tactical decision by counsel.
Notwithstanding Appellant’s claim at the PCRA hearing that his criminal conduct took place only in Philadelphia County, the record reflects that Appellant received payment on the fraudulent insurance claim underlying this matter at his residence in Delaware County. Thus, venue was proper in Delaware County.
In fact, given that Delaware County had jurisdiction over this matter and venue was proper there, the trial court would likely have denied any motion to transfer venue and, thus, the outcome of this case would have likely been the same.
The PCRA court’s decision is supported by the evidence of record and free from legal error. Accordingly, Appellant’s claims merit no relief.
The order of the PCRA Court was affirmed.
ZALMA OPINION
The Commonwealth of Pennsylvania has created a Post Conviction Review Court to allow convicted criminals to review the sentences handed down by the trial court that convicted him. In this case, after pleading guilty to the crime of insurance fraud, was upset by the sentence he received. He was able to get it modified once and tried to say he was tried in the wrong jurisdiction to remove the sentence. His arguments were specious and the appellate court did not fall for his scheme and he will stay in prison as ordered.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
Go to the Insurance Claims Library – https://lnkd.in/gwEYk
Happy Law Day
ZIFL – Volume 30, Issue 9 – May 1, 2026
Read the full article at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-may-1-2026-barry-zalma-esq-cfe-2tywc, see the video at at and at https://zalma.com/blog plus more than 5300 posts.
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
ZIFL – Volume 30, Issue 9 – May 1, 2026
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year and is written by Barry Zalma.
DOJ Creates National Fraud Enforcement Division
Will the Feds Take on Insurance Fraud? Possibly as Part of a National Anti-Fraud Effort
On April 7, 2026, the Acting Attorney General, Todd Blanche, issued a memorandum establishing the Department of Justice National Fraud Enforcement Division (NFED). The memo describes an ambitious, but perhaps redundant, vision for this ...
When Abalone Died As a Result of Multiple Causes The Efficient Proximate Cause Requires Payment
Post number 5345
Read the full article at https://www.linkedin.com/pulse/efficient-proximate-cause-doctrine-saves-claim-barry-zalma-esq-cfe-yndlc, see the video at and at and at https://zalma.com/blog plus more than 5300 posts.
In American Abalone Farms, LLC v. Star Insurance Company et al., H052643, California Court of Appeals, Sixth District (April 27, 2026) the Court of Appeals dealt with an insurance coverage issue that required application of the efficient proximate cause doctrine.
FACTS
American Abalone Farms, LLC ("American Abalone" ) operates an aquaculture farm in Santa Cruz County, California, raising abalone in tanks. In August 2020, the CZU Lightning Complex Fires led to a prolonged power outage and road closures near the farm. As a result, the farm’s water pumps failed, causing the death of most of the ...
Breach of a Specific Condition Precedent Is a Complete Defense
See the video at and at and at https://zalma.com/blog plus more than 5300 posts.
In United Services Automobile Association and State Farm Mutual Automobile Insurance Company v. Anthony Wenzell, 2026 CO 25 (Colo. Apr. 27, 2026) Anthony Wenzell was rear-ended in a car accident. He had a significant prior 2014 accident that required back surgery.
Wenzell claimed underinsured-motorist (UIM) benefits under three policies: (1) the tortfeasor’s liability policy, (2) his own primary UIM policy with State Farm, and (3) an excess UIM policy issued by USAA (under his brother’s policy, which contained an “other insurance” clause making USAA’s coverage excess over any collectible insurance).
After receiving the claims, both USAA and State Farm repeatedly requested that Wenzell execute comprehensive medical-release authorizations so they could obtain his full medical records and ...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
What Must be Done after Notice of a Claim is Received by the Insurer
Read the full article at https://lnkd.in/gzvvdkMZ and at https://zalma.com/blog.
Below you will read from this post until you reach the the end of this blog post as the free part of an Excellence in Claims Handling post. To read the full article and receive all articles for members of Excellence in Claims Handling you should consider joining as a paid member to get full access to articles for members only, to our news, analysis, insurance coverage, claims, insurance fraud and insurance webinars, by clicking at the subscription link below.
A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...
