IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 67 WAL 2015
:
Respondent :
: Petition for Allowance of Appeal from
: the Unpublished Memorandum and
v. : Order of the Superior Court at No. 1558
: WDA 2014 exited February 18, 2015,
: affirming the Order of the Allegheny
ALBERT IRBY, : County Court of Common Pleas at No.
: CP-02-CR-0000013-1969 exited
Petitioner : September 24, 2014.
ORDER
PER CURIAM
AND NOW, this 11th 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).
Mr. Justice Eakin did not participate in the consideration or decision of this
matter.