Com. v. Altman, C.
490 WDA 2016
| Pa. Super. Ct. | Oct 4, 2016Background
- In 2008, Cory Altman (age 28) and Susan Yeager conspired to kill Susan’s husband; Altman confessed and was convicted in 2009 of first-degree murder and related offenses and sentenced to life without parole.
- Altman filed direct appeal but discontinued it; judgment of sentence became final on December 2, 2009.
- Altman filed multiple PCRA petitions: first (2010) and second (2013) were denied and appeals affirmed; this appeal concerns his third PCRA petition filed December 26, 2014.
- PCRA counsel filed a Turner/Finley letter and sought to withdraw; the court notified Altman of intent to dismiss and granted counsel’s withdrawal; Altman responded pro se.
- The PCRA court dismissed the third petition as untimely under 42 Pa.C.S. § 9545(b); Altman appealed, arguing his sentence is unconstitutional under Valentine and Miller.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCRA court had jurisdiction to entertain Altman’s claim that his life-without-parole sentence is unconstitutional under Valentine and Miller | Altman argued his sentence is unconstitutional under Commonwealth v. Valentine and under Miller v. Alabama, invoking the newly recognized-rights exception to the PCRA time bar | Commonwealth argued the petition was untimely (filed more than one year after finality) and no time‑bar exception applied because Valentine is not a retroactive Supreme Court rule and Miller applies only to juvenile offenders | Petition untimely; PCRA court lacked jurisdiction. Time‑bar exceptions did not apply: Valentine (a Superior Court decision) is not retroactive authority, and Miller does not apply because Altman was an adult at the time of the offense |
Key Cases Cited
- Commonwealth v. Valentine, 101 A.3d 801 (Pa. Super. 2014) (state appellate decision challenging mandatory sentencing provision under Alleyne)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory LWOP for juveniles violates Eighth Amendment)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (facts increasing mandatory minimum must be found by jury)
- Montgomery v. Louisiana, 136 S. Ct. 718 (U.S. 2016) (Miller held retroactive on collateral review)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (refusing to extend Miller to offenders over 18)