Com. v. Zanders, V.
2890 EDA 2016
| Pa. Super. Ct. | Oct 19, 2017Background
- Victor Zanders was convicted by a jury on March 15, 1996 of second-degree murder and related offenses; sentenced July 15, 1996 to life imprisonment for murder with some concurrent terms for other counts.
- Direct appeal affirmed by the Superior Court on June 11, 1998; Pennsylvania Supreme Court denied allowance of appeal March 9, 2000; judgment of sentence became final June 7, 2000 (expiration of certiorari period).
- Zanders filed a timely first PCRA petition in 2001; appointed counsel filed a Turner/Finley no-merit letter and the petition was denied in 2003; no appeal taken from that denial.
- On July 23, 2012, Zanders filed a second pro se PCRA petition asserting Miller v. Alabama and later amended in 2016 to rely on Montgomery v. Louisiana; he was 20 at the time of the offenses.
- Trial court held the petition in abeyance pending retroactivity decisions, issued Rule 907 notice in June 2016, and dismissed the petition as untimely on August 9, 2016. Zanders appealed pro se.
Issues
| Issue | Zanders' Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether the 2012/2016 PCRA petition is timely or whether a Miller/Montgomery new-rights exception saves it | Miller/Montgomery provide a new constitutional rule entitling him to relief; petition should be excused as timely under §9545(b)(1)(iii) | Petition is untimely; Miller/Montgomery do not apply because Zanders was 20 at the time of the crimes | Petition untimely; exception inapplicable because Miller/Montgomery protect only those who were juveniles (<18) at offense time |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for those under 18 violates Eighth Amendment)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller announced a substantive rule that applies retroactively on collateral review)
- Commonwealth v. Zeigler, 148 A.3d 849 (Pa. Super. 2016) (timeliness of PCRA petition is jurisdictional)
- Commonwealth v. Zanders, 723 A.2d 239 (Pa. Super. 1998) (direct-appeal decision affirming Zanders’ judgment of sentence)
- Commonwealth v. Furgess, 149 A.3d 90 (Pa. Super. 2016) (Miller/Montgomery do not extend to defendants older than 18 based on brain-development arguments)
- Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (standards for counsel withdrawing from PCRA representation and no-merit letters)
- Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (procedures for court when appointed counsel files a no-merit letter)