Commonwealth v. Furgess
149 A.3d 90
| Pa. Super. Ct. | 2016Background
- Appellant Robert Furgess was convicted of first‑degree murder and PIC after a 1989 bench trial and sentenced to life imprisonment plus a concurrent 1–2 year term.
- Judgment of sentence became final in 1991 when the time to seek allowance of appeal expired; direct appeal to this Court was previously unsuccessful.
- Appellant filed an initial PCRA petition in 1996 (unsuccessful) and filed the second PCRA petition at issue on August 8, 2012.
- The 2012 petition relied on Miller v. Alabama (decided June 25, 2012), arguing his life‑without‑parole sentence was unconstitutional; Appellant acknowledged his petition was untimely absent an exception.
- Appellant was 19 at the time of the offense, and the PCRA court dismissed the 2012 petition as untimely for lack of jurisdiction because Miller applies only to offenders under 18; the dismissal was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCRA court had jurisdiction to consider the untimely 2012 PCRA petition under the new‑right exception (42 Pa.C.S. § 9545(b)(1)(iii)) | Furgess argued Miller (and later Montgomery) recognized a new constitutional right invalidating life‑without‑parole for juveniles and that he fell within the § 9545(b)(1)(iii) exception (filed within 60 days of Miller) | Commonwealth: Petition is untimely because Miller applies only to offenders <18 and Furgess was 19; he cannot extend Miller to a broader class to invoke the timeliness exception | Court held it lacked jurisdiction: Miller applies only to those under 18; Furgess (age 19 at offense) cannot rely on Miller to satisfy § 9545(b)(1)(iii), so dismissal affirmed |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (holding mandatory life without parole unconstitutional for offenders under 18)
- Montgomery v. Louisiana, 136 S. Ct. 718 (U.S. 2016) (holding Miller applies retroactively on collateral review)
- Commonwealth v. Cintora, 69 A.3d 759 (Pa. Super. 2013) (refusing to extend Miller to offenders older than 18 for purposes of § 9545(b)(1)(iii))
- Commonwealth v. Hernandez, 79 A.3d 649 (Pa. Super. 2013) (timeliness of PCRA petitions is jurisdictional and exceptions must be pleaded)
- Commonwealth v. Secreti, 134 A.3d 77 (Pa. Super. 2016) (discussing 60‑day filing requirement after recognition of a new right)