Courts sentencing juveniles for homicide must consider Miller & Knox factors in addition to those in 18 Pa.C.S. §1102.1

Commonwealth v. Terrill Javon Hicks, 2016 PA Super 257 (11/18/16)

The Superior Court remanded a post-Miller v. Alabama re-sentencing of a juvenile who had previously received a life sentence for murder because the sentencing court did not consider the factors set forth in Commonwealth v. Knox, 50 A.3d 732, 745 (Pa. Super. 2012) and  Miller v. Alabama, ___ U.S. ___, 132 S. Ct. 2455 (2012) that must be assessed in such cases. Reliance on the factors set forth in 18 Pa.C.S. §1102.1 is not enough. This case might be changed by the Pa. Supreme Court’s pending consideration of Commonwealth v Qu’eed Batts, 45 MAP 2016, but until then there might be many cases waiting to be overturned where CP judges were not asked or refused to look at those cases’ factors.

Leave a Reply

Your email address will not be published. Required fields are marked *