Supreme Court of Pennsylvania, 2016

Commonwealth v. Jones, T.

Commonwealth v. Jones, T.
Supreme Court of Pennsylvania · Decided April 18, 2016 · Eakin
135 A.3d 175; 635 Pa. 254; 2016 WL 1562063; 2016 Pa. LEXIS 818 (Atlantic Reporter, Third Series)

Commonwealth v. Jones, T.

Opinion

ORDER

PER CURIAM.

AND NOW, this 18th day of April, 2016, the Petition for Allowance of Appeal is GRANTED limited to 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 that Miller must be applied retroactively by the States, Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), the Superior Court’s order is VACATED IN PART. The case is REMANDED to the Court of Common Pleas for further proceedings consistent with Montgomery. Allowance of appeal 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. 42 Pa.C.S. § 9545(b) (1) (iii).

Justice EAKIN did not participate in the consideration or decision of this matter.

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