J-S35008-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
GERARD VON HAYNES
Appellant No. 1156 WDA 2016
Appeal from the PCRA Order June 29, 2016
In the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0014609-2004
BEFORE: LAZARUS, J., RANSOM, J., and STEVENS, P.J.E.*
JUDGMENT ORDER BY LAZARUS, J.: FILED JUNE 28, 2017
Gerard Von Haynes appeals from the June 29, 2016 order denying his
second petition filed under the Post Conviction Relief Act, (“PCRA”), 42
Pa.C.S.A. §§ 9541-9546. We affirm.
In 2006, Von Haynes was convicted of second-degree murder. In
2007, the court sentenced him to a mandatory term of life imprisonment.
On direct appeal, this Court affirmed the judgment of sentence.
Commonwealth v. Von Haynes, 546 WDA 2007 (unpublished
memorandum, filed February 2, 2009). Von Haynes did not file a petition for
allowance of appeal.
____________________________________________
*
Former Justice specially assigned to the Superior Court.
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Von Haynes concedes that his petition, filed on March 22, 2016, is
untimely. He claims, however, that the newly-recognized constitutional right
established in Miller v. Alabama, 132 S. Ct. 2455 (2012), is applicable
here. See 42 Pa.C.S.A. § 9545(b)(1)(iii).1
In Miller, the United States Supreme Court held that a sentence of
mandatory life without parole for those under the age of 18 at the time of
their crimes violates the Eighth Amendment’s prohibition against cruel and
unusual punishment. Id. at 2463. At the time of the murder, Von Haynes
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1
The newly-recognized constitutional right exception to the one-year time
bar provides:
(1) Any petition under this subchapter, including a second or
subsequent petition, shall be filed within one year of the
date the judgment becomes final, unless the petition
alleges and the petitioner proves that:
****
(iii) the right asserted is a constitutional right that was
recognized by the Supreme Court of the United states
or the Supreme Court of Pennsylvania after the time
period provided in this section and has been held by
that court to apply retroactively.
(2) Any petition invoking an exception provided in
paragraph (1) shall be filed within 60 days of the
date the claim could have been presented.
42 Pa.C.S.A. § 9545(b)(1)(iii),(2). On January 25, 2016, the United States
Supreme Court decided Montgomery v. Louisiana, 136 S.Ct. 718 (2016),
holding that Miller does apply retroactively. See Montgomery, 136 S.Ct.
at 734. Here, Von Haynes’ petition, filed March 22, 2016, was filed within 60
days of Montgomery. 42 Pa.C.S.A. § 9545(b)(iii).
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was 18, in fact he was just days shy of his nineteenth birthday. However, in
support of his argument that Miller should apply, Von Haynes refers to the
“social neuroscience underpinning the [Supreme] Court’s holding,” and the
“immature brain” theory. See Appellant’s Brief, at 11-17. No relief is due.
This Court has previously addressed this argument, holding that Miller
does not apply to individuals who were 18 years of age or older at the time
they committed murder. See Commonwealth v. Furgess, 149 A.3d 90,
93 (Pa. Super. 2016) (Miller does not apply to 19-year-old appellant
convicted of homicide where appellant claimed he was “technical juvenile”
and referenced immature brain development to support his claim).
The record supports the PCRA court’s determination that Von Haynes’
petition was not timely filed and that he failed to plead any valid exception
to the timeliness requirements of the PCRA. We, therefore, affirm. See
Commonwealth v. Walls, 993 A.2d 289, 294–295 (Pa. Super. 2010)
(PCRA court’s findings will not be disturbed unless there is no support for
findings in the certified record).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
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Date: 6/28/2017
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