Commonwealth v. Cobbs
In Allegheny County, James Cobbs received a mandatory life without parole sentence under the felony murder rule for his participation in a robbery in 1970 when he was 17 years old. At the age of 25, while serving his predicate life sentence, James was charged in Montgomery County with assaulting another prisoner and sentenced to a second mandatory life without parole sentence under Pennsylvania's Assault by Life Prisoner statute. In 2017, in accordance with Miller v. Alabama and Montgomery v. Louisiana which held mandatory life sentences unconstitutional as applied to juveniles, Allegheny County resentenced James to a term of 40 years to life which would have made James immediately parole eligible. However, Montgomery County upheld James's life sentence for the Assault by Life Prisoner conviction.
Juvenile Law Center joined the Montgomery County Office of the Public Defender as co-counsel for James in his appeal to the Superior Court of Pennsylvania challenging James's Assault by Life Prisoner sentence as unconstitutional because the underlying predicate sentence was unconstitutional.
The Pennsylvania Superior Court upheld James's Assault by Life Prisoner sentence conceding that "[w]e recognize that it appears anomalous that Appellant can be released on parole from a murder sentence and is subject to life imprisonment without parole for a non-life-threatening assault."
Juvenile Law Center and Montgomery County Office of the Public Defender filed a Petition of Allowance of Appeal in the Pennsylvania Supreme Court on behalf of James urging the court to grant review because the Superior Court's holding below conflicts with Pennsylvania and United States Supreme Court precedent and the Pennsylvania Supreme Court should ensure that courts are applying the Assault by Life Prisoner statute constitutionally. We further urged the court to grant review to recognize that James's Assault by Life Prisoner conviction and sentence are unconstitutional because his predicate life sentence was void ab intio.