Com. v. Douglas, S.
Com. v. Douglas, S. No. 3843 EDA 2016
| Pa. Super. Ct. | May 22, 2017Background
- Stanford Augusto Douglas, Jr. pled guilty on December 5, 2005 to first-degree murder and related charges for a March 27, 2005 shooting; he was 29 years old at the time.
- The court imposed a mandatory life sentence plus a consecutive 1–7 year term.
- Douglas filed multiple PCRA petitions; his first (2006) was denied and appellate review affirmed. Subsequent petitions in 2012 and 2013 were unsuccessful.
- On August 1, 2016, Douglas filed his fourth PCRA petition relying on Miller v. Alabama and Montgomery v. Louisiana to challenge the sentence.
- The PCRA court issued Rule 907 notice and denied the petition on October 27, 2016; Douglas appealed pro se.
- The Superior Court held Douglas’s petition untimely because it was filed beyond the 60-day window after Montgomery and, in any event, Miller/Montgomery apply to juvenile offenders and Douglas was an adult at the time of the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Douglas’s PCRA petition is timely under PCRA exceptions | Douglas invoked Miller/Montgomery to claim a newly recognized constitutional right excusing timeliness | Commonwealth argued petition was untimely and Douglas did not meet 60-day filing requirement after Montgomery | Petition untimely: filed beyond 60-day window; exception inapplicable |
| Whether Miller/Montgomery entitle Douglas to relief | Douglas argued mandatory LWOP is unconstitutional per Miller and Montgomery’s retroactivity | Commonwealth noted Miller/Montgomery apply to juvenile offenders and Douglas was 29 at offense | Merits claim fails because Douglas was not a juvenile; Miller/Montgomery do not apply |
Key Cases Cited
- Turner v. Commonwealth, 73 A.3d 1283 (Pa. Super. 2013) (timeliness is jurisdictional for PCRA petitions)
- Chambers v. Commonwealth, 35 A.3d 34 (Pa. Super. 2011) (requirements for newly recognized constitutional right exception)
- Secreti v. Commonwealth, 134 A.3d 77 (Pa. Super. 2016) (Montgomery decision controls the 60-day filing rule for affected juveniles)
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juvenile offenders unconstitutional)
- Montgomery v. Louisiana, 577 U.S. 190 (2016) (Miller held to apply retroactively on collateral review)