2711 EDA 2014
Pa. Super. Ct.Jul 20, 2016Background
- Felix Summers was convicted by jury of first-degree murder and possession of an instrument of crime for a homicide committed when he was 17; sentenced in 2006 to life without parole.
- Summers filed a PCRA petition arguing Miller v. Alabama required relief from mandatory juvenile life-without-parole sentences.
- The PCRA court denied relief, concluding Miller did not create a cognizable timeliness exception under 42 Pa.C.S. § 9545(b)(1)(iii) because Commonwealth v. Cunningham held Miller non-retroactive in Pennsylvania.
- While this appeal was pending, the U.S. Supreme Court decided Montgomery v. Louisiana, holding Miller announced a substantive rule that applies retroactively.
- This Court (citing Commonwealth v. Secreti) treated Montgomery as making Miller retroactive as of Miller’s decision date, concluding Summers’ petition satisfied the PCRA timeliness exception and entitling him to resentencing considering youth-related factors.
- The Superior Court reversed the PCRA denial, vacated Summers’ sentence, and remanded for resentencing to consider age-related mitigating factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller v. Alabama creates a timeliness exception under the PCRA allowing relief for a juvenile given mandatory LWOP | Summers: Miller announced a new substantive rule that permits collateral review and fits §9545(b)(1)(iii) exception | Commonwealth: Cunningham controls; Miller not retroactive, so petition is untimely and exception doesn't apply | Court: Montgomery makes Miller retroactive; Summers meets §9545(b)(1)(iii); PCRA relief warranted |
| Whether Summers is entitled to resentencing rather than vacatur-only relief | Summers: must be resentenced with consideration of youth-related factors | Commonwealth: argued against retroactivity and relief | Court: Remand for resentencing to consider juvenile characteristics per Miller/Batts/Knox |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory LWOP for juvenile homicide offenders unconstitutional)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller announced a substantive rule that is retroactive)
- Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (sentencing courts must consider youth-related factors on resentencing)
- Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013) (held Miller not retroactive under state law)
- Commonwealth v. Knox, 50 A.3d 732 (Pa. Super. 2012) (list of youth-related factors for sentencing consideration)