Com. v. Saunders, S.
Com. v. Saunders, S. No. 3132 EDA 2016
| Pa. Super. Ct. | Mar 24, 2017Background
- In 1999 Shawn Saunders (age 22) participated in a robbery during which he shot and killed Cleven Pender; Saunders was convicted of second-degree murder and related offenses and sentenced to life imprisonment in 2001.
- Direct appeals were exhausted by 2003; Saunders filed multiple PCRA petitions beginning in 2005, some denied as untimely or withdrawn; prior appeals of PCRA denials were decided by this Court.
- Saunders repeatedly relied on Miller v. Alabama (holding mandatory life without parole unconstitutional for juvenile homicide offenders) as the basis for relief.
- Pennsylvania appellate courts held Miller inapplicable to offenders who were 18 or older at the time of the homicide (Commonwealth v. Cintora), and Saunders previously litigated and lost the Miller-based claim in earlier PCRA proceedings.
- Saunders filed a fifth PCRA petition in 2016 after Montgomery v. Louisiana made Miller retroactive; the PCRA court denied relief on the grounds Miller does not apply to adults and the issue had been previously litigated.
- The Superior Court affirmed, holding Saunders (age 22 at the crime) is not entitled to Miller relief and that the claim was previously litigated, barring relief under the PCRA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Saunders is entitled to Miller/Montgomery relief | Miller/Montgomery require resentencing because mandatory LWOP is unconstitutional for those lacking maturity; Montgomery made Miller retroactive | Saunders was 22 at the time of the offense, so Miller does not apply | Denied — Miller inapplicable to offenders 18+; no relief |
| Whether the petition is procedurally barred as previously litigated | Saunders argues retroactivity opens a new claim | Commonwealth argues the Miller claim was already raised and decided in earlier PCRA proceedings | Denied — claim previously litigated; PCRA bars relitigation |
Key Cases Cited
- Miller v. Alabama, 132 S.Ct. 2455 (U.S. 2012) (mandatory life without parole for juvenile homicide offenders violates Eighth Amendment)
- Montgomery v. Louisiana, 136 S.Ct. 718 (U.S. 2016) (Miller decision given retroactive effect)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (Miller does not apply to offenders who were eighteen years of age or older at the time of the murder)