Superior Court of Pennsylvania· 9/26/2014

Commonwealth v. Miller

Citations

102 A.3d 988
2014 Pa. Super. 214
2014 Pa. Super. LEXIS 3410
2014 WL 4783558

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that there was no Alleyne violation where the -5- J-S45004-15 increase in the defendant’s minimum sentence was “based on the fact of prior convictions[.]”
recognizing that this Court cannot review a challenge to the legality of the sentence where there is no basis for our jurisdiction to review the claim
holding that even if Alleyne announced a new constitutional right, neither our Supreme Court nor the United States Supreme Court has held that Alleyne applies retroactively
holding that, “an issue pertaining to Alleyne goes to the legality of the sentence
holding that neither our Supreme Court nor U.S. Supreme Court has held Alleyne applies retroactively, which is fatal to petitioner’s attempt to satisfy “new constitutional right” exception to PCRA timeliness requirements
recognizing that “a new rule of constitutional law is applied retroactively to cases on collateral review only if the United States Supreme Court or our Supreme Court specifically holds it to be retroactively applicable to those cases.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Donohue, Mundy, Stabile

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Commonwealth v. Miller

331 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.