Com. v. Felder, M.
660 EDA 2015
| Pa. Super. Ct. | Dec 20, 2017Background
- In 2009, then-juvenile Michael Felder shot and killed Jarrett Green and wounded Malcolm Green during an outdoor basketball game; Felder was convicted of first-degree murder and aggravated assault in 2012.
- Felder's original mandatory sentence of life without parole was vacated after Miller v. Alabama and Commonwealth v. Batts required individualized juvenile sentencing.
- At a re-sentencing hearing on October 24, 2014, the trial court considered the Batts/Knox factors and imposed 50 years to life.
- Felder challenged the new 50-to-life term as a de facto life-without-parole sentence unconstitutional under the Eighth Amendment and state law, and argued he should be limited to third-degree sentencing.
- The trial court and the Superior Court concluded Felder’s sentence resulted from a discretionary, individualized hearing and therefore did not automatically violate Miller/Batts.
Issues
| Issue | Plaintiff's Argument (Felder) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| 1. Whether 50-to-life is an unconstitutional de facto life-without-parole absent a finding of permanent incorrigibility | 50 years before parole eligibility effectively equals life without parole; Miller requires express factual finding of permanent incorrigibility for any de facto life term | The sentence was discretionary and individualized; Miller bars mandatory LWOP but not every long discretionary term | Held: No. 50-to-life here is not a de facto LWOP in violation of Miller/Batts because it arose from individualized sentencing |
| 2. Whether a judicial finding of permanent incorrigibility is required before imposing 50-to-life | Felder: such a finding is required to impose any term that functionally denies hope of release | Commonwealth: Miller requires individualized consideration but does not mandate a specific label or finding where discretion was exercised | Held: No. Such a specific formal finding is not required where the court conducted an individualized sentencing analysis |
| 3. Whether Felder’s particular sentence was unconstitutional given his age and circumstances | Felder: applied Miller to his facts — lengthy minimum denies meaningful opportunity for release | Commonwealth: trial judge considered Batts/Knox factors and felon’s violent history justifies the sentence | Held: No. The court affirmed the sentence as constitutional though lengthy; Miller does not directly prohibit lengthy discretionary terms |
| 4. Whether Miller’s invalidation of mandatory juvenile first-/second-degree statutes leaves only third-degree sentencing (max 40 years) | Felder: only the third-degree sentencing range remains available after Miller | Commonwealth: Batts forecloses that argument; Montgomery does not change Batts’ holding | Held: No. Court follows Commonwealth v. Batts: sentencing is not limited to third-degree punishments; this argument is waived/ rejected |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory juvenile life-without-parole sentences unconstitutional)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller applied retroactively)
- Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (Pennsylvania court interpreting Miller and juvenile sentencing; rejected limiting resentencing to third-degree range)
- Commonwealth v. Furness, 153 A.3d 397 (Pa. Super. 2016) (standards for reviewing legality of sentences)