Com. v. Irby, A.
1558 WDA 2014
Pa. Super. Ct.Apr 7, 2016Background
- Appellant Albert Irby committed felony murder in 1969 at age 17, was convicted of first-degree murder, and received a mandatory life-without-parole sentence in 1971.
- Irby filed a PCRA petition on August 6, 2012, within 60 days of Miller v. Alabama, arguing Miller invalidated his mandatory juvenile LWOP sentence.
- The petition was untimely under the one-year PCRA time bar but invoked the § 9545(b)(1)(iii) exception for new constitutional rules recognized after the filing period and held retroactive.
- The PCRA court dismissed the petition after Commonwealth v. Cunningham held Miller was not retroactive on collateral review; this Court initially affirmed.
- After Montgomery v. Louisiana (2016) held Miller retroactive, the Pennsylvania Supreme Court vacated this Court’s prior order and remanded; this panel vacated the PCRA order and Irby’s judgment of sentence and remanded for resentencing.
Issues
| Issue | Irby’s Argument | Commonwealth’s Argument | Held |
|---|---|---|---|
| Whether Miller v. Alabama creates a new constitutional right that makes Irby’s PCRA petition timely under § 9545(b)(1)(iii) | Miller announced a rule invalidating mandatory LWOP for juveniles; Irby filed within 60 days and thus his petition fits the § 9545(b)(1)(iii) exception | Cunningham held Miller was not retroactive on collateral review, so Irby’s petition remained untimely | Montgomery later held Miller retroactive; this Court (on remand) applied that retroactivity, vacated the PCRA dismissal, and vacated Irby’s sentence |
| Appropriate relief/remedy for a juvenile mandatory LWOP sentence invalidated by Miller | Irby sought relief under Miller — a new sentencing hearing rather than mandatory LWOP | Commonwealth opposed retroactivity and consequent resentencing | This Court remanded for resentencing consistent with Miller and Pennsylvania precedent (e.g., Batts) |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (holding mandatory life without parole for juvenile homicide offenders violates the Eighth Amendment)
- Montgomery v. Louisiana, 136 S. Ct. 718 (U.S. 2016) (holding Miller applies retroactively on collateral review)
- Commonwealth v. Irby, 284 A.2d 738 (Pa. 1971) (direct appeal affirming conviction and sentence)
- Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013) (held Miller was not retroactive on collateral review)
- Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (procedural guidance on resentencing juvenile offenders after Miller)