Com. v. Rohn, J.
444 EDA 2016
| Pa. Super. Ct. | Oct 21, 2016Background
- Jamod Rohn pled guilty to two counts of third-degree murder, one count of rape, and one count of criminal conspiracy for offenses committed December 30, 1990.
- He was sentenced on September 7, 1999 to consecutive terms totaling 240 to 720 months (20–60 years). No direct appeal was filed.
- Rohn filed multiple prior PCRA petitions (2004, 2008, 2010, 2012); all were unsuccessful.
- On December 3, 2015 Rohn filed his fifth PCRA petition claiming Miller v. Alabama relief because, he argued, his brain remained immature until age 25 and thus he should be treated like a juvenile.
- The PCRA court issued a Rule 907 notice and dismissed the petition as untimely on January 15, 2016; Rohn appealed pro se.
- The Superior Court held the petition untimely because Rohn’s judgment became final in 1999 and Miller applies only to offenders under age 18 at the time of the crime; Rohn was 22 in 1990.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rohn's 2015 PCRA petition is timely under PCRA exceptions | Rohn: Miller recognizes a new constitutional right that should apply to him because his brain was immature until 25 (de facto juvenile) | Commonwealth/PCRA court: Petition is untimely; Miller only protects those <18 at offense; Rohn does not meet §9545(b)(1)(iii) | Petition untimely; PCRA court lacked jurisdiction to hear it |
| Whether Miller extends to offenders older than 18 based on scientific immaturity claims | Rohn: Neurological science supports treating him as a juvenile for sentencing purposes | Commonwealth: Extension of Miller to older offenders is not recognized; claims seeking expansion do not satisfy PCRA timeliness exception | Court refused to extend Miller; claims seeking expansion do not make petition timely |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (holding mandatory life without parole for juveniles convicted of murder is unconstitutional)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (held Miller retroactive on state collateral review)
- Commonwealth v. Hernandez, 79 A.3d 649 (Pa. Super. 2013) (discusses PCRA timeliness as jurisdictional and exceptions)
- Commonwealth v. Burton, 936 A.2d 521 (Pa. Super. 2007) (PCRA exceptions must be pleaded in petition)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (a request to extend a newly recognized right does not render petition timely)