Com. v. Pierce, A.
2008 MDA 2016
| Pa. Super. Ct. | Oct 6, 2017Background
- Alan Pierce was convicted of first-degree murder on May 24, 1974, and sentenced to life without parole; no direct appeal was filed, so the judgment became final in June 1974.
- Pierce filed a first PCRA petition in January 1997, which the trial court denied on December 31, 1997; the Superior Court denied his appeal.
- Pierce filed a second PCRA petition on March 28, 2016; the PCRA court issued a Pa.R.Crim.P. 907 notice and dismissed the petition without a hearing on November 4, 2016, as untimely.
- The trial court ordered Pierce to file a Pa.R.A.P. 1925(b) concise statement; Pierce did not file the statement or respond to the court’s Rule 1925 order.
- The Superior Court held that Pierce waived all appellate issues by failing to file the 1925(b) statement and, alternatively, rejected his Miller claim on the merits because he was 19 at the time of the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to file a Pa.R.A.P. 1925(b) statement waives appellate issues | Pierce contends his issues are preserved for appeal despite not filing the 1925(b) statement | Commonwealth argues Pierce failed to comply with Rule 1925(b) and thereby waived his issues | Court held Pierce waived all issues by not filing the 1925(b) statement as required |
| Whether Miller v. Alabama entitles Pierce to relief (Eighth Amendment, mandatory life without parole for juveniles) | Pierce argued Miller invalidated his life-without-parole sentence | Commonwealth argued Miller inapplicable because Pierce was 19 at the time of the crime | Court held Miller does not apply because Pierce was 19 when he committed the murder; denial of relief affirmed |
| Timeliness/second PCRA petition | Pierce sought relief via his second PCRA filed in 2016 | Commonwealth maintained the petition was untimely under the PCRA and subject to dismissal | Court affirmed dismissal (procedural posture) — appeal treated as waived; petition dismissed by PCRA court as untimely |
Key Cases Cited
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (failure to comply with a trial court’s order to file a Pa.R.A.P. 1925(b) statement can result in waiver)
- Commonwealth v. Castillo, 888 A.2d 775 (Pa. 2005) (affirmed Lord: failure to file a 1925(b) statement within the court-ordered time results in automatic waiver)
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life-without-parole sentences for juveniles violate the Eighth Amendment)
- Commonwealth v. Thompson, 39 A.3d 335 (Pa. Super. 2012) (discussing application of Lord and Castillo on 1925(b) compliance)
- Commonwealth v. Jones, 700 A.2d 423 (Pa. 1997) (prisoner mailbox rule for filing by inmates)