Com. v. Brown, J., 1286 MDA 2016

Johnnie Lewis Brown was convicted in 2011 of possession with intent to deliver cocaine (mandatory five‑year minimum), possession of paraphernalia, and escape; sentenced to an aggregate 6–12 years.
Direct appeal was denied and became final on October 29, 2012 (time to seek certiorari expired).
Brown filed a first PCRA petition (ineffective assistance) in 2013; it was denied and affirmed on appeal.
Brown filed a second PCRA petition on March 14, 2016, arguing Montgomery v. Louisiana rendered mandatory minimums (and Alleyne) unconstitutional and therefore his petition should be timely under the newly recognized-rights exception.
The PCRA court dismissed the 2016 petition as untimely; appellate counsel filed a Turner/Finley no‑merit letter and petition to withdraw, which the Superior Court granted and then affirmed the dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brown's 2016 PCRA petition is timely or fits a statutory exception	Montgomery announced a new substantive constitutional rule that makes Alleyne retroactive to mandatory minimums, so Brown falls within the §9545(b)(1)(iii) newly recognized-rights exception	The PCRA time bar is jurisdictional; Montgomery did not address Alleyne and Alleyne has not been held retroactive, so Brown cannot invoke §9545(b)(1)(iii)	Petition untimely; Brown failed to plead/prove an applicable time‑bar exception; dismissal affirmed

Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (held Miller announced a substantive rule retroactive on collateral review)
Alleyne v. United States, 133 S. Ct. 2151 (2013) (jury must find facts that increase mandatory minimum sentence)
Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life without parole for juveniles unconstitutional)
Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)
Commonwealth v. Robinson, 139 A.3d 178 (Pa. 2016) (PCRA timeliness is jurisdictional; petitioner bears burden to plead/prove exceptions)
Commonwealth v. Brown, 143 A.3d 418 (Pa. Super. 2016) (standard of review for PCRA denials)