Com. v. Anthony, R.
Com. v. Anthony, R. No. 1670 WDA 2016
| Pa. Super. Ct. | Aug 22, 2017Background
- In 2002 Robert Morris Anthony shot and killed Paul Pusic during an apparent robbery, stole Pusic’s vehicle, and was convicted after a non-jury trial of second-degree homicide, robbery, and related offenses. He received mandatory life imprisonment without parole.
- Anthony’s direct appeal and multiple prior PCRA petitions were denied; he is serving a life sentence and is not a juvenile at the time of the offense.
- The instant (fourth) PCRA petition was filed March 16, 2016; PCRA court appointed counsel who later withdrew and the court dismissed the petition as untimely.
- Anthony argued the petition was timely under the new-rights exception at 42 Pa.C.S. § 9545(b)(1)(iii), invoking Montgomery v. Louisiana and seeking to extend Miller v. Alabama principles beyond juveniles and to raise an Alleyne claim.
- The PCRA court found it lacked jurisdiction because Montgomery’s retroactivity applies only to Miller (juvenile-sentencing) claims and Alleyne does not operate retroactively; the court dismissed the petition as time-barred.
Issues
| Issue | Anthony's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether Montgomery’s retroactivity exception renders the petition timely | Montgomery recognized a new retroactive right that applies to appellant’s claims, making his petition timely | Montgomery’s retroactivity is limited to Miller juvenile-sentencing claims and does not help Anthony | Denied — Montgomery limited to Miller claims; Anthony not a juvenile |
| Whether Alleyne applies retroactively to invalidate mandatory life without parole | Alleyne’s rule (jury must find facts increasing mandatory minimums) applies and renders appellant’s mandatory life sentence challenge timely under Montgomery | Alleyne is not retroactive and does not fall under Montgomery’s scope | Denied — Alleyne does not apply retroactively and Montgomery does not extend to Alleyne |
| Whether Alleyne invalidates Anthony’s mandatory life sentence | Alleyne requires jury findings for facts that increase mandatory minimums, so appellant’s sentence is unconstitutional under Alleyne | The mandatory life sentence here is legislatively prescribed for felony homicide, not a product of impermissible fact-finding; Alleyne is inapplicable | Denied — Alleyne not implicated because statute prescribes mandatory life for felony homicide |
| Whether the Eighth Amendment bars mandatory life without parole for offenders under 25 | Mandatory life for young adults is disproportionate and violates the Eighth Amendment (as an extension of Miller principles) | Miller and Montgomery relate only to juveniles; courts may not extend that Eighth Amendment protection to those over 18 | Denied — Court lacked jurisdiction to reach merits; Miller protection not extended beyond juveniles |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (holding mandatory LWOP unconstitutional for juvenile offenders)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (holding Miller retroactive to cases on collateral review)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (jury must find facts that increase mandatory minimum sentences)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively)
- Commonwealth v. Furgess, 149 A.3d 90 (Pa. Super. 2016) (refusing to extend Miller beyond juveniles)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (timeliness of PCRA petitions is jurisdictional)
- Commonwealth v. Hudson, 156 A.3d 1194 (Pa. Super. 2017) (timeliness reviewed de novo)