Com. v. Mitchell, J., III, 2048 MDA 2016

Jonathan R. Mitchell, III was convicted of criminal homicide in 2007 and sentenced to life imprisonment.
This Court previously affirmed his conviction; the Pennsylvania Supreme Court denied allowance of appeal.
Mitchell filed multiple PCRA petitions; his first two petitions were denied.
On May 6, 2016 Mitchell filed a third PCRA petition pro se.
The PCRA court dismissed the third petition on November 10, 2016 as untimely under the PCRA’s one-year filing rule.
Mitchell appealed, arguing his petition fit the timeliness exception based on Alleyne and Montgomery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mitchell's 2016 PCRA petition was timely under 42 Pa.C.S. § 9545	Mitchell asserted Alleyne and Montgomery created newly recognized constitutional rights that satisfy the § 9545(b)(1)(iii) exception and permit late filing	Commonwealth (PCRA court) maintained the petition was untimely and Mitchell did not plead a valid timeliness exception	Court held petition untimely; dismissal proper because Alleyne is not retroactive on collateral review and Montgomery did not apply (Mitchell was 22 at offense)

Commonwealth v. Brandon, 51 A.3d 231 (Pa. Super. 2012) (explains PCRA one-year filing rule and three exceptions)
Commonwealth v. Lewis, 63 A.3d 1274 (Pa. Super. 2013) (timeliness is jurisdictional; exceptions must be pleaded and proven)
Commonwealth v. Albrecht, 994 A.2d 1091 (Pa. 2010) (PCRA petition may be dismissed without a hearing when petitioner fails to plead timeliness exception)
Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (held Alleyne does not apply retroactively on collateral review)
Alleyne v. United States, 133 S.Ct. 2151 (2013) (facts increasing penalty must be treated as elements submitted to a jury)
Miller v. Alabama, 132 S.Ct. 2455 (2012) (mandatory LWOP for offenders under 18 violates the Eighth Amendment)
Montgomery v. Louisiana, 136 S.Ct. 718 (2016) (Miller applies retroactively on state collateral review)