Com. v. Ellis, Q.
771 WDA 2015
| Pa. Super. Ct. | Nov 8, 2016Background
- On January 7, 2009, after a non-jury trial Ellis was convicted of two robberies, criminal conspiracy, and carrying a firearm without a license; sentences imposed April 6, 2009 produced an aggregate 9–18 year term.
- Ellis did not file post-sentence motions or a direct appeal; his judgment became final on May 6, 2009.
- He filed a first pro se PCRA petition on June 1, 2011 (requesting reinstatement of appellate rights); that petition was dismissed January 11, 2012.
- Ellis filed a second pro se PCRA petition on November 24, 2014 asserting Alleyne-based illegality of two five-year mandatory minimums under 42 Pa.C.S. § 9712; counsel amended and refiled the petition in December 2014.
- The PCRA court dismissed the second petition as untimely on April 29, 2015; Ellis appealed. The Superior Court affirmed, holding the petition untimely and that Alleyne does not apply retroactively on collateral review.
Issues
| Issue | Plaintiff's Argument (Ellis) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether Ellis's Alleyne-based challenge to mandatory-minimum sentences overcomes the PCRA one-year time bar | Alleyne and Newman announce a substantive rule that renders Ellis's § 9712-based mandatory minimums unconstitutional and should be applied retroactively; alternatively § 9712 is facially invalid | Alleyne does not apply retroactively to cases on collateral review; petitioner’s judgment was final long before Alleyne/Newman and his PCRA is untimely | Petition untimely; Alleyne does not satisfy § 9545(b)(1)(iii) retroactivity exception; dismissal affirmed |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (facts that increase mandatory minimums must be found by a jury beyond a reasonable doubt)
- Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. 2014) (panel decision invalidating 42 Pa.C.S. § 9712.1 under Alleyne principles)
- Teague v. Lane, 489 U.S. 288 (U.S. 1989) (new rules of criminal procedure generally not retroactive on collateral review)
- Commonwealth v. Marshall, 947 A.2d 714 (Pa. 2008) (petitioner bears burden to plead/prove PCRA timeliness exception)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne does not satisfy the PCRA’s newly-recognized-right retroactivity exception)
- Commonwealth v. Riggle, 119 A.3d 1058 (Pa. Super. 2015) (declining to apply Alleyne retroactively on collateral review)
- Commonwealth v. Fahy, 737 A.2d 214 (Pa. 1999) (legality-of-sentence claims remain subject to PCRA timeliness requirements)