Com. v. Rogers, C.
1187 WDA 2016
| Pa. Super. Ct. | Feb 9, 2017Background
- From 1997–2001, Cory Rogers (then 25–29) committed repeated sexual offenses against a child aged 8–12.
- On September 7, 2001, Rogers pled guilty to multiple sexual-offense counts; sentenced in absentia October 17, 2001 to 20–40 years.
- Direct appeal affirmed July 7, 2002; judgment became final August 6, 2002 (time to seek allowance of appeal expired).
- Rogers filed a PCRA petition on March 4, 2016. Counsel filed a Turner/Finley “no-merit” brief and petition to withdraw; the court denied relief and dismissed the PCRA petition on July 13, 2016.
- Appellate counsel sought to withdraw on appeal; the Superior Court found counsel substantially complied with Turner/Finley and conducted an independent review.
- Rogers argued his sentence was illegal under Alleyne, Miller, and Montgomery; the Superior Court held the PCRA petition untimely and not saved by those decisions.
Issues
| Issue | Plaintiff's Argument (Rogers) | Defendant's Argument (Commonwealth / Court) | Held |
|---|---|---|---|
| Whether the PCRA petition was timely or saved by a new-constitutional-right exception | Alleyne, Miller, Montgomery create a new constitutional right making his sentence illegal and thus overcome the PCRA time bar | Rogers’ judgment became final in 2002; his 2016 petition is untimely; Alleyne is not retroactive and Miller/Montgomery do not apply because Rogers was not a juvenile nor sentenced to life without parole | Petition untimely; no applicable timeliness exception; PCRA court lacked jurisdiction; denial affirmed |
Key Cases Cited
- Turner v. Commonwealth, 518 Pa. 491, 544 A.2d 927 (Pa. 1988) (procedural requirements for counsel seeking to withdraw on collateral review)
- Finley v. Flaherty, 550 A.2d 213 (Pa. Super. 1988) (companion to Turner on no-merit filings)
- Hackett v. Commonwealth, 598 Pa. 350, 956 A.2d 978 (Pa. 2008) (PCRA timeliness is jurisdictional)
- Gamboa-Taylor v. Commonwealth, 562 Pa. 70, 753 A.2d 780 (Pa. 2000) (court lacks power to address merits of untimely PCRA petitions)
- Commonwealth v. Washington, 142 A.3d 810 (Pa. 2016) (Alleyne rule held non-retroactive on collateral review)
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012) (mandatory life without parole for juveniles unconstitutional)
- Montgomery v. Louisiana, 136 S. Ct. 718 (U.S. 2016) (Miller applies retroactively to cases on collateral review)
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013) (facts that increase mandatory minimums must be found by a jury)