Com. v. Quick, H.
Com. v. Quick, H. No. 1694 MDA 2016
| Pa. Super. Ct. | Jun 2, 2017Background
- In 2000, Heath G. Quick (age 20 at the time) pled guilty to first-degree murder and received life imprisonment without parole.
- Quick filed a timely appeal but later discontinued it; his judgment of sentence became final.
- Quick’s first PCRA petition (filed 2012) was dismissed as untimely; this Court affirmed, noting Miller v. Alabama did not help because Quick was not a juvenile.
- Quick filed a second PCRA petition (file-stamped/mailing date March 22, 2016), asserting Miller/Montgomery principles should extend to ages 18–25; counsel filed a Turner/Finley no‑merit letter and withdrew.
- The PCRA court issued Rule 907 notice and dismissed the petition; Quick appealed pro se.
- The Superior Court affirmed, holding Miller/Montgomery apply only to juvenile offenders and do not satisfy the newly recognized constitutional-right exception for Quick.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller/Montgomery create a new, retroactive constitutional right applicable to Quick (age 20) under 42 Pa.C.S. § 9545(b)(1)(iii) | Quick: Miller/Montgomery rationale should extend to individuals 18–25, so his sentence is unconstitutional | Commonwealth: Miller/Montgomery protect only juvenile offenders (under 18); Quick (20) is not covered | Court: Denied — Miller/Montgomery apply only to juveniles; Quick cannot invoke § 9545(b)(1)(iii) |
| Whether Quick’s petition was timely under the 60-day filing rule following a newly recognized right | Quick: Filed within 60 days of Montgomery decision and thus timely if Montgomery creates a right applicable to him | Commonwealth: Even if filed within 60 days, Montgomery does not create a right that applies to non‑juveniles | Court: Timeliness window irrelevant because the underlying Supreme Court holdings do not help Quick |
Key Cases Cited
- Miller v. Alabama, 132 S.Ct. 2455 (U.S. 2012) (mandatory life without parole for juveniles declared unconstitutional)
- Montgomery v. Louisiana, 136 S.Ct. 718 (U.S. 2016) (Miller held to apply retroactively on collateral review)
- Commonwealth v. Chambers, 35 A.3d 34 (Pa. Super. 2011) (only the precise holding, not broader rationale, satisfies § 9545(b)(1)(iii))
- Commonwealth v. Quick, 91 A.3d 1292 (Pa. Super. 2013) (prior appeal affirming dismissal of Quick’s first PCRA as untimely)