Commonwealth v. Fields, R. , 635 Pa. 154 ( 2016 )

IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 224 EAL 2015
:
Respondent :
: Petition for Allowance of Appeal from
: the Unpublished Memorandum and
v. : Order of the Superior Court at No. 2887
: EDA 2014 exited April 13, 2015,
: affirming the Order of the Philadelphia
RAHMIL FIELDS, : County Court of Common Pleas at No.
: CP-51-CR-0003495-2007 exited
Petitioner : September 23, 2014
ORDER
PER CURIAM
AND NOW, this 24th day of February, 2016, the Petition for Allowance of Appeal is
GRANTED on 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. ___, 132 S. Ct. 2455 (2012). As a result of
the recent holding by that Court that Miller must be applied retroactively by the States,
see Montgomery v. Louisiana, 2016 WL 280758 (U.S. Jan. 25, 2016), the Superior
Court’s order is VACATED, and the case is REMANDED for further proceedings
consistent with Montgomery.
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. See 42 Pa.C.S. § 9545(b)(1)(iii).
The Petition for Allowance of Appeal is DENIED in all other respects.
Mr. Justice Eakin did not participate in the consideration or decision of this
matter.
[224 EAL 2015] - 2