Com. v. Moody, T.
Com. v. Moody, T. No. 1640 MDA 2016
| Pa. Super. Ct. | Jul 28, 2017Background
- In 2001 Terrance Robert Moody pled guilty to sex offenses involving his step‑daughter and another child, was adjudicated a sexually violent predator, and sentenced to an aggregate 12–44 years' imprisonment.
- This Court denied relief on direct appeal and the Pennsylvania Supreme Court denied allowance; Moody’s judgment of sentence became final in 2005.
- On March 10, 2016, Moody filed a motion to vacate his sentence arguing it was illegal under Alleyne v. United States (mandatory‑minimum facts must be found by a jury).
- The trial court treated the filing as a PCRA petition, appointed counsel, and counsel filed a Turner/Finley brief and petition to withdraw.
- The PCRA court found the petition untimely, issued notice of intent to dismiss, granted counsel’s withdrawal, and dismissed the petition on August 22, 2016 for lack of jurisdiction.
- Moody appealed, arguing Alleyne applies retroactively and that his challenge was timely.
Issues
| Issue | Plaintiff's Argument (Moody) | Defendant's Argument (Commonwealth / PCRA court) | Held |
|---|---|---|---|
| Whether Alleyne v. United States creates a retroactive right that excuses an otherwise untimely PCRA petition | Alleyne recognized a constitutional rule that invalidates his sentence and thus meets the §9545(b)(1)(iii) exception | Alleyne does not apply retroactively to collateral review and cannot save an untimely petition | Alleyne does not apply retroactively on collateral review (per Pennsylvania precedent); petition untimely and no jurisdiction |
| Whether Moody satisfied PCRA timeliness requirements (including the 60‑day filing requirement after a new rule) | Moody contends his petition was timely filed challenging an invalid sentence | Moody’s judgment was final in 2005; his 2016 filing was facially untimely and, even if Alleyne applied, he did not file within 60 days of the rule | Petition is time‑barred; Moody failed to invoke a timeliness exception or to file within 60 days, so PCRA court lacked jurisdiction |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (holding that facts that increase mandatory minimums are elements that must be found by a jury)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne does not apply retroactively on collateral review)
- Commonwealth v. Secreti, 134 A.3d 77 (Pa. Super. 2016) (discussing the 60‑day filing requirement for newly recognized constitutional rights)
- Commonwealth v. Moody, 843 A.2d 402 (Pa. Super. 2004) (direct appeal decision denying relief)