Com. v. Clark, D.
770 WDA 2016
| Pa. Super. Ct. | Jan 31, 2017Background
- Appellant Davon L. Clark was convicted in 2004 of burglary, attempted rape, aggravated assault, and two counts of aggravated indecent assault for an August 16, 2002 sexual assault; his fingerprints tied him to the entry point.
- Clark was sentenced to 15 years 9 months to 31 years 6 months; the Superior Court affirmed on direct appeal in 2006 and judgment became final March 12, 2006.
- Clark filed multiple PCRA petitions: a timely one in 2006 (denied after hearing; denial affirmed), a second in 2009 (denied), various pro se motions in 2011 (denied), a third petition in 2014 (denied), and a fourth PCRA petition on March 7, 2016.
- The March 7, 2016 petition invoked Miller v. Alabama and Montgomery v. Louisiana and argued Montgomery made Alleyne retroactive, thereby creating a new constitutional right that tolled the PCRA time bar.
- The PCRA court dismissed the fourth petition as untimely, concluding Miller/Montgomery did not apply to Clark (he was not a juvenile homicide offender) and Alleyne is not retroactive on collateral review.
- The Superior Court affirmed the dismissal, holding the petition untimely and that Clark’s cited Supreme Court decisions did not create a retroactive right applicable to him.
Issues
| Issue | Clark's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether the March 7, 2016 PCRA petition is timely under § 9545(b) based on a newly recognized constitutional right | Montgomery created a new, retroactive constitutional right applicable to Clark, making his petition timely (filed within 60 days of Montgomery) | Montgomery applied only to Miller (juvenile homicide LWOP cases); Clark is neither a juvenile homicide offender nor sentenced to LWOP, so the exception does not apply | Petition untimely; Montgomery/Miller do not apply to Clark and do not save his petition |
| Whether Alleyne announced a new constitutional right that Montgomery rendered retroactive for collateral review | Montgomery rendered Alleyne’s rule retroactive, so Clark can rely on Alleyne-based error to overcome the time bar | Alleyne is not made retroactive by Montgomery; Alleyne does not apply retroactively on collateral review to attack mandatory minimums | Alleyne is not retroactive in the PCRA context; it does not afford Clark relief |
| Whether Clark was a juvenile such that Miller/Montgomery could apply | (Implicit) Clark asserted entitlement to relief under Miller/Montgomery | Sentencing record shows Clark was ~20 at offense; he was not a juvenile and did not receive LWOP | Clark was an adult at offense; Miller/Montgomery inapplicable |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for juvenile homicide offenders violates the Eighth Amendment)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller applies retroactively to cases on collateral review)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (facts that increase mandatory minimums must be submitted to a jury and found beyond a reasonable doubt)
- Commonwealth v. Clark, 897 A.2d 515 (Pa. Super. 2006) (direct-appeal decision affirming convictions)
- Commonwealth v. Clark, 964 A.2d 431 (Pa. Super. 2008) (affirming denial of first PCRA petition)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review to attacks on mandatory minimums)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (discussing PCRA timeliness and jurisdictional time bar)