Com. v. Robinson, A.
Com. v. Robinson, A. No. 1937 EDA 2016
| Pa. Super. Ct. | May 16, 2017Background
- Andre Robinson pled guilty on January 18, 1989 to first‑degree murder and robbery and was sentenced the same day to life without parole.
- He did not file a direct appeal; his judgment of sentence became final on February 17, 1989 (expiration of time to seek direct review).
- Robinson filed a first PCRA petition in 2002, which was unsuccessful.
- On September 11, 2015, he filed a second pro se PCRA petition invoking Alleyne and other decisions to challenge his sentence.
- The PCRA court issued Rule 907 notice and dismissed the petition as untimely on May 13, 2016; Robinson appealed pro se.
- The Superior Court affirmed, holding the petition was time‑barred and no timeliness exception applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Robinson's 2015 PCRA petition is timely | Alleyne and related decisions supply a basis to challenge his sentence despite the long delay | The petition was filed over 26 years after finality and is untimely under the PCRA | Petition is untimely; court lacks jurisdiction |
| Whether Alleyne qualifies as a "new fact" under §9545(b)(1)(ii) | Alleyne creates factual/legal basis that was previously unknown | Decisional law is not a "new fact" for the PCRA exception | Alleyne is not a "new fact"; exception inapplicable |
| Whether Alleyne or its progeny announce a new constitutional right that applies retroactively on collateral review under §9545(b)(1)(iii) | Alleyne announces a new rule that should apply retroactively to invalidate the sentence | Neither the U.S. Supreme Court nor the Pa. Supreme Court has held Alleyne retroactive on collateral review | Alleyne has not been held retroactive; exception fails |
| Whether Miller v. Alabama (juvenile sentencing) helps Robinson | Miller renders mandatory LWOP unconstitutional and could relieve him | Robinson was 22 at the time of the offense; Miller applies only to juveniles | Miller inapplicable to Robinson; does not save the petition |
Key Cases Cited
- Commonwealth v. Hackett, 956 A.2d 978 (Pa. 2008) (PCRA timeliness is jurisdictional)
- Alleyne v. United States, 570 U.S. 99 (2013) (increased mandatory minimums must be found by jury)
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juveniles unconstitutional)
- Commonwealth v. Miller, 102 A.3d 988 (Pa. Super. 2014) (Alleyne not held retroactive on collateral review)
- Commonwealth v. Brandon, 51 A.3d 231 (Pa. Super. 2012) (decisional law is not a "new fact" under §9545(b)(1)(ii))
- Commonwealth v. Chambers, 35 A.3d 34 (Pa. Super. 2011) (requirements for newly created constitutional right exception)