266 A.3d 666
Pa. Super. Ct.2021Background
- In January 2015, two juveniles (Moye, then 16) arranged a drug purchase; Moye shot Stephanie Walters twice (killing her) and the co-defendant killed her dog; they moved her body and drove while high before abandoning the car.
- Moye pleaded guilty in 2016 to first‑degree murder and related offenses and was sentenced to life without parole (LWOP) on the homicide count.
- After Miller and Pennsylvania statutory changes, the matter was remanded; the trial court resentenced Moye under Batts II standards, found him permanently incorrigible, and again imposed LWOP.
- This Court vacated and remanded because the Commonwealth presented no expert evidence to rebut the presumption against LWOP; Dr. Bruce Wright (defense expert) had testified rehabilitation was possible.
- At a third sentencing (Nov. 17, 2020) the court imposed 50 years to life (parole eligibility at age 66); Moye appealed, arguing de facto life, Eighth Amendment/PA constitution violations, bias/excessiveness, and failure to consider mitigation/statutory factors.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Moye) | Held |
|---|---|---|---|
| Whether the 50‑year‑to‑life term is a de facto LWOP | Sentence leaves open a meaningful parole opportunity at an advanced age but is lawful | 50 years minimum until parole (age 66) is effectively a life sentence denying meaningful opportunity for release | Not de facto LWOP; parole eligibility at 66 provides a meaningful opportunity for release and is constitutionally permissible (court affirmed) |
| Eighth Amendment / state constitutional challenge to juvenile LWOP or equivalent | Discretionary imposition of life or long term-of-years is permissible post‑Jones; no separate permanent‑incorrigibility finding needed for discretionary LWOP | Sentencing a juvenile to a term that functionally prevents release violates Miller/Montgomery and PA protections | Jones governs; because sentence is not de facto LWOP, no Eighth Amendment or PA‑constitutional relief; challenge fails |
| Sentence was biased, punitive, or manifestly excessive | Sentence reflects considered weighing of aggravating facts, public safety, gravity, and rehabilitative needs | Court acted with bias/ill‑will; sentence excessive and punitive | No abuse of discretion; record shows individualized consideration, no evidence of bias or improper motive |
| Trial court failed to consider mitigating evidence and statutory factors (18 Pa.C.S. §1102.1(d) & 42 Pa.C.S. §9721) | Court expressly considered age‑related factors, expert testimony, PSI, victim impact, prior rehabilitative attempts, and institutional behavior | Court improperly weighted or ignored mitigation (eg, Dr. Wright’s positive prognostic indicators) | Court considered required factors on the record; its weighing was permissible and not an abuse of discretion |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juveniles violates the Eighth Amendment)
- Montgomery v. Louisiana, 577 U.S. 190 (2016) (Miller principles apply retroactively)
- Jones v. Mississippi, 141 S. Ct. 1307 (2021) (discretionary life sentences for juveniles do not require separate finding of permanent incorrigibility)
- Commonwealth v. Batts, 163 A.3d 410 (Pa. 2017) (Pa. Supreme Court requiring showing of permanent incorrigibility—later abrogated by Jones on federal question)
- Commonwealth v. Moye, 224 A.3d 48 (Pa. Super. 2019) (prior panel decision vacating Moye’s resentencing for insufficient Commonwealth evidence to rebut presumption against LWOP)
- Commonwealth v. Foust, 180 A.3d 416 (Pa. Super. 2018) (term‑of‑years that equates to de facto LWOP requires proof beyond a reasonable doubt that juvenile is incapable of rehabilitation)
- Commonwealth v. Anderson, 244 A.3d 40 (Pa. Super. 2019) (50 years to life with parole eligibility in late 60s not per se de facto LWOP)
- Commonwealth v. McGrath, 255 A.3d 581 (Pa. Super. 2021) (48 years to life with parole eligibility at 65 not de facto LWOP)
- Commonwealth v. Bebout, 186 A.3d 462 (Pa. Super. 2018) (discussion of what constitutes meaningful opportunity for release)
- Commonwealth v. Walls, 926 A.2d 957 (Pa. 2007) (appellate courts do not reweigh sentencing factors; weighing is for sentencing court)