Commonwealth v. Olds

Along with Atlantic Center for Capital Representation and Wendy L. Williams & Associates, Juvenile Law Center filed an Application for Exercise of Extraordinary Jurisdiction or King's Bench Power on behalf of over 100 juveniles sentenced to JLWOP and then resentenced to 20-to-life terms. We argued that there is no case law or statute that applies to juveniles initially sentenced to life without parole whose convictions became final prior to the Miller decision and that such juveniles must be sentenced differently than post-Miller juvenile offenders. We further argued that Pre-Miller juveniles convicted of felony murder must be sentenced differently than juveniles convicted of first degree premeditated murder.

In a March 31, 2017 order, the Pennsylvania Supreme Court denied the Application for Exercise of Extraordinary Jurisdiction or King’s Bench Power.

Subsequently, Atlantic Center for Capital Representation, Wendy L. Williams & Associates, and Juvenile Law Center filed an appeal in the Pennsylvania Superior Court challenging Ricky Olds resentencing to 20 years to life for a murder committed by his co-defendant while robbing a tobacco store when Mr. Olds was 14. We argued that a mandatory life maximum sentence is unconstitutional as imposed on a juvenile who did not kill or intend to kill.

The Pennsylvania Superior Court held that “a mandatory life maximum for a juvenile convicted of second-degree murder is not cruel and unusual punishment” and that “trial courts must sentence juveniles convicted of second-degree murder prior to June 25, 2012 to a maximum term of life imprisonment under [Pennsylvania statute].”