Com. v. Means, A.
Com. v. Means, A. No. 2498 EDA 2016
| Pa. Super. Ct. | Mar 16, 2017Background
- Alfred Means was convicted after a bench trial of first-degree murder, conspiracy, robbery, possession of instruments of crime, and aggravated assault; sentenced to life without parole on November 15, 2002.
- Direct appeal affirmed by this Court in 2004 (Commonwealth v. Means); Pennsylvania Supreme Court denied allowance of appeal; judgment of sentence became final August 26, 2004 (90 days after denial for certiorari period).
- Means filed his third PCRA petition on March 23, 2016, asserting his life-without-parole sentence is unconstitutional under Miller v. Alabama (juvenile LWOP rule).
- The PCRA court issued a Rule 907 notice and dismissed the petition without a hearing on July 13, 2016, as untimely under the PCRA time bar.
- Means argued Miller-created Eighth Amendment error entitled him to relief; the court rejected Miller’s applicability because Means was 19 at the time of the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Means' 2016 PCRA petition is timely or fits a statutory exception to the one-year PCRA time bar | Means: Miller renders his LWOP sentence unconstitutional, invoking the new-law exception to toll the PCRA time bar | Commonwealth: Judgment became final in 2004; petition is untimely and Miller-based claim does not apply to an offender who was 19 at offense | Court: Petition untimely; Miller does not apply because Means was 19 when crimes occurred, so no time-bar exception applies |
| Whether Miller (and related retroactivity principles) requires resentencing for Means | Means: Miller and Montgomery retroactivity entitle him to resentencing or relief from LWOP | Commonwealth: Miller protects only those under 18 at the time of the offense; Means was 19 so Miller provides no basis for relief | Court: Miller inapplicable to those 18 or older; Means’ age defeats the claim and precludes Miller-based relief |
Key Cases Cited
- Commonwealth v. Means, 849 A.2d 607 (Pa. Super. 2004) (direct-appeal decision affirming conviction and sentence)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (held Miller cannot provide PCRA time-bar exception for offenders who were 18 or older)
- Miller v. Alabama, 132 S.Ct. 2455 (U.S. 2012) (mandatory LWOP for those under 18 violates the Eighth Amendment)
- Montgomery v. Louisiana, 136 S.Ct. 718 (U.S. 2016) (Miller rule applies retroactively to cases on collateral review)