COMMONWEALTH of Pennsylvania v. Ricky Lee OLDS
Supreme Court of Pennsylvania
Feb. 25, 2016
133 A.3d 3
PER CURIAM.
AND NOW, this 25th day of February, 2016, the Petition for Allowance of Appeal is GRANTED on the issue of whether Petitioner’s sentence violates the prohibition against mandatory life sentences for juvenile offenders announced by the Supreme Court of the United States in Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). As a result of the recent holding by that Court that Miller must be applied retroactively by the States, see Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), the Superior Court’s order is VACATED, and the case is REMANDED for further proceedings consistent with Montgomery. Allocatur is DENIED in all other respects.
To the extent necessary, leave is to be granted to amend the post-conviction petition to assert the jurisdictional provision of the Post Conviction Relief Act extending to the recognition of constitutional rights by the Supreme Court of the United States which it deems to be retroactive. See
Justices EAKIN and DONOHUE did not participate in the consideration or decision of this matter.
COMMONWEALTH of Pennsylvania v. Truong V. DUONG
No. 355 EAL 2015
Supreme Court of Pennsylvania
Feb. 29, 2016
133 A.3d 3
ORDER
PER CURIAM.
AND NOW, this 29th day of February, 2016, upon review of Petitioner’s Substituted Petition for Allowance of Appeal, which the Commonwealth has not opposed, we find as follows: The Superior Court deemed Petitioner’s claims before that tribunal to have been waived for Petitioner’s failure to include the relevant notes of testimony in the original record, and then granted Petitioner’s motion to supplement the record and issued an order deeming the submitted notes of testimony to be part of the certified record. The Superior Court erred,