Commonwealth v. Jones

Juvenile Law Center filed a petition for post-conviction relief in the Delaware County (Pennsylvania) Court of Common Pleas, challenging Mr. Jones’ life without parole sentence. Mr. Jones was sentenced in 2003 to a mandatory sentence of life without parole for his involvement in the robbery of a Jack and Jill ice cream truck which resulted in the death of the ice cream truck driver.  At the time of the crime, Mr. Jones was sixteen years old. The petition was denied, and on August 10, 2015, Juvenile Law Center filed an appeal in the Superior Court of Pennsylvania.

In the petition and appeal, Juvenile Law Center argued that Mr. Jones is entitled to individualized resentencing as Miller applies retroactively. Additionally, we argued that Mr. Jones’ mandatory life without parole sentence violates both the United States and Pennsylvania Constitutions because the Cunningham ruling created two classes of individuals sentenced to mandatory life without parole who are treated differently based on the arbitrary date that their convictions became final.

On November 13, 2015, while U.S. Supreme court case Montgomery v. Louisiana, 577 U.S. 190 (2016), arguing the issue of Miller v. Alabama’s, 567 U.S. 460 (2012) retroactivity, was still pending, the Superior Court of Pennsylvania affirmed the lower court’s dismissal of Mr. Jones PCRA petition, noting “until the Supreme Court issues its decision, Cunningham remains binding.”

Juvenile Law Center filed a petition for review in the Pennsylvania Supreme Court. The petition was stayed pending Montgomery v. Louisiana.

Following the recent decision in Montgomery, holding Miller retroactive, the Pennsylvania Supreme Court granted Mr. Jones’ petition for appeal, vacated the Pennsylvania Superior Court’s order, and remanded the case to the trial court for further proceedings consistent with Montgomery. The Court also granted Mr. Jones permission to amend his post-conviction petition.