Commonwealth v. Hudson, 156 A.3d 1194

Robert Hudson pled guilty in 2000 at age 15 to third-degree murder and conspiracy pursuant to a plea agreement; he agreed to testify against a co‑defendant and the Commonwealth agreed to nol pros other charges.
Sentenced April 18, 2001 to 25 to 50 years' imprisonment (within an agreed 30–60 year cap discussed at plea).
Direct appeal was denied; judgment of sentence became final on June 22, 2002.
Hudson filed a pro se "Motion to Challenge the Legality of Sentence" on December 17, 2015; counsel was appointed and an amended PCRA petition was filed April 25, 2016.
Trial court issued Rule 907 notice of intent to dismiss as untimely; court dismissed the PCRA petition June 27, 2016 without a hearing.
Hudson appealed, arguing (1) the PCRA petition was timely under the newly recognized‑rights exception based on Montgomery/Miller and (2) dismissal without a hearing was improper because the Commonwealth did not file an answer.

Issue	Hudson's Argument	Commonwealth/Trial Court Argument	Held
Whether the PCRA petition was timely under a statutory exception	Hudson invoked §9545(b)(1)(iii): Montgomery (applying Miller) recognized a new constitutional rule that should allow resentencing for juveniles and thus his petition is timely	Hudson's sentence was an individualized 25–50 year term, not a mandatory LWOP; Miller/Montgomery apply only to mandatory life without parole for juveniles, so exception does not apply	Petition untimely; exception not satisfied and jurisdiction lacking — dismissal affirmed
Whether dismissal without a hearing was improper because the Commonwealth did not file an answer	Hudson asserted Rule 907 requires the court to consider the Commonwealth's answer and absence of an answer precluded dismissal without a hearing	Rules 906–907 permit dismissal without an answer or hearing when petition is jurisdictionally deficient; an answer is not required unless ordered and lack of answer is not an admission	Dismissal without hearing was proper because petition failed to meet PCRA timing exceptions

Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for offenders under 18 violates the Eighth Amendment)
Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (held Miller announces a substantive rule that must be given retroactive effect)
Commonwealth v. Robinson, 139 A.3d 178 (Pa. 2016) (standard of review for PCRA denials)
Commonwealth v. Burton, 936 A.2d 521 (Pa. Super. 2007) (no hearing required when petition is jurisdictionally time‑barred)
Commonwealth v. Gibson, 561 A.2d 1240 (Pa. Super. 1989) (guilty plea waives nonjurisdictional defects)