Com. v. Briley, R.
91 MDA 2017
| Pa. Super. Ct. | Dec 12, 2017Background
- Ronald J. Briley pled guilty to second-degree murder on November 20, 2013 and was sentenced to 35 years to life with credit for time served.
- This Court affirmed his judgment of sentence on November 5, 2014; judgment became final December 5, 2014 (no further appeal to PA Supreme Court).
- Briley filed a timely first PCRA petition in January 2015; that petition was dismissed and this Court affirmed on August 26, 2016.
- On October 25, 2016 Briley filed a second PCRA petition (and habeas petition) alleging Miller/Montgomery and after-discovered-evidence claims based on internet articles about the victim’s medical facility.
- The PCRA court dismissed the October 2016 petition as untimely; Briley appealed and the Superior Court affirmed on December 12, 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / Miller & Montgomery exception | Briley: Miller and Montgomery create a new, retroactive constitutional right applicable to his juvenile-sentencing claim, so his late petition fits the new-right exception | Commonwealth: Briley wasn’t sentenced to mandatory LWOP; §1102.1(c)(2) applied and Miller/Montgomery therefore do not help; petition is untimely | Court: Judgment final Dec 5, 2014; petition filed Oct 25, 2016 is untimely; Miller/Montgomery inapplicable because Briley was not subject to mandatory LWOP; time-bar not excused |
| After-discovered-evidence / newly discovered fact exception | Briley: Internet articles (Feb 22, 2016) revealed alternative cause of death and were previously unknown; they trigger the newly discovered-fact exception to the time bar and support an after-discovered-evidence claim | Commonwealth: Allegations in news articles are not evidence and are unrelated to charges; even if new, Briley didn’t meet the exception's standards or show admissible, exculpatory evidence | Court: Articles do not qualify as evidence; no nexus to convicted charges; Briley failed to prove an exception to the PCRA time bar; claim denied |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for juveniles unconstitutional)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller applies retroactively on collateral review)
- Commonwealth v. Bennett, 930 A.2d 1264 (Pa. 2007) (newly discovered fact exception standards for PCRA timeliness)
- Commonwealth v. Castro, 93 A.3d 818 (Pa. 2014) (publicly reported allegations in articles do not constitute admissible evidence)
- Commonwealth v. Brooker, 103 A.3d 325 (Pa.Super. 2014) (upholding 35-year mandatory minimums against ex post facto challenge)
- Commonwealth v. Ousley, 21 A.3d 1238 (Pa.Super. 2011) (standard of review for PCRA denials)
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (preservation/waiver of issues not raised in Rule 1925(b) statement)