Com. v. Young, J.
3783 EDA 2015
| Pa. Super. Ct. | Oct 19, 2016Background
- In 1975 Marlene Mapp was murdered in her Philadelphia home; her son Larry (then 6) identified John K. Young as the intruder and testified at trial. Blood-stained items were recovered from Young’s residence and the victim’s yard. Young, a juvenile at the time, was convicted of second-degree murder and sentenced to life without parole.
- Young’s direct appeal and multiple collateral challenges spanning decades were unsuccessful; prior PCRA and PCHA petitions were denied, and a 2005 panel decision denied DNA testing in part because Young’s confession was treated as a bar to an actual-innocence showing.
- Young sought DNA testing and later sought relief under Graham/Miller for juvenile life-without-parole sentences; his filings were left unaddressed by the PCRA court for long periods before a Rule 907 notice and eventual dismissal in December 2015.
- The Superior Court affirmed denial of DNA testing, reasoning the earlier panel’s merits finding that even exculpatory DNA would not establish actual innocence remained the law of the case after the Pennsylvania Supreme Court’s Wright decision eliminated the per se-confession bar.
- The Superior Court reversed the dismissal to the extent it denied resentencing: after the U.S. Supreme Court’s Montgomery decision made Miller retroactive, Pennsylvania precedent (Secreti) made Miller-based relief timely; Young is therefore entitled to resentencing consistent with Miller/Montgomery.
- The Court vacated Young’s life-without-parole judgment and remanded for resentencing, noting the sentencing court must consider age-related factors and that Young is entitled to counsel for resentencing.
Issues
| Issue | Young's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Entitlement to DNA testing under 42 Pa.C.S. § 9543.1 | Wright removed the per se bar of a confession; Young argues DNA testing should be allowed now | Prior Superior Court decision that even exculpatory DNA would not establish actual innocence controls; PCRA denial proper | Denied: law-of-the-case prevents reopening prior merits finding that testing wouldn’t establish innocence; PCRA denial affirmed as to DNA testing |
| Timeliness of PCRA petition for resentencing based on Miller | Miller announced new rule banning mandatory JLWOP for juveniles; under Montgomery/Miller this rule is retroactive so Young’s claim meets §9545(b)(1)(iii) | PCRA court relied on Cunningham holding Miller not retroactive; dismissal as untimely | Granted: Montgomery makes Miller retroactive; Secreti applies; Young’s petition is timely under the exception and he is entitled to resentencing |
| Scope of resentencing relief | Young seeks relief from life without parole because he was a juvenile | Commonwealth concedes Montgomery entitles Young to resentencing | Judgment vacated; remand for resentencing with consideration of age-related factors; counsel appointed for resentencing |
| Requirement for DNA testing reconsideration after Wright | Young argues Wright requires DNA testing to be reconsidered | Commonwealth relies on prior merits determination and law of the case | Court affirms denial of DNA testing based on earlier merits ruling despite Wright; petitioner did not satisfy statutory threshold |
Key Cases Cited
- Commonwealth v. Young, 383 A.2d 899 (Pa. 1978) (trial and conviction details)
- Commonwealth v. Young, 873 A.2d 720 (Pa. Super. 2005) (denial of DNA testing based in part on confession bar and merits finding)
- Commonwealth v. Wright, 14 A.3d 798 (Pa. 2011) (a confession is not a per se bar to establishing a prima facie case for DNA testing)
- Miller v. Alabama, 132 S.Ct. 2455 (U.S. 2012) (mandatory life-without-parole for juveniles unconstitutional)
- Montgomery v. Louisiana, 136 S.Ct. 718 (U.S. 2016) (Miller announces a substantive rule that is retroactive)
- Commonwealth v. Secreti, 134 A.3d 77 (Pa. Super. 2016) (applies Montgomery; Miller retroactivity effective as of Miller)
- Commonwealth v. Cunningham, 81 A.3d 1 (Pa. 2013) (held Miller not retroactive prior to Montgomery)
- Commonwealth v. Batts, 66 A.3d 286 (Pa. 2013) (lists age-related factors to consider at juvenile resentencing)