Commonwealth v. Cunningham

Juvenile Law Center filed a brief with Defender Association of Philadelphia and John Cotter, Esq., on behalf of Cunningham, who was convicted of second degree murder for a crime he committed at age 17 and received a mandatory life without parole sentence.

Under Pennsylvania law, any juvenile convicted of first or second degree murder must be sentenced to life without parole. Our brief argued that Pennsylvania’s mandatory statutory sentencing scheme is now unconstitutional pursuant to the United States Supreme Court’s ruling in Miller v. Alabama, which banned mandatory life without parole sentences for juveniles. The brief also argued that pursuant to both Miller and Graham, life without parole is not a constitutional sentencing option for juveniles convicted of second degree murder because, by definition, a juvenile convicted of second degree murder—which requires no finding that the juvenile killed or intended to kill—cannot be classified as among most serious juvenile offenders deserving of the most severe penalty. In light of these facts, Cunningham’s sentence must be vacated and a new constitutional sentence imposed.

The brief also argued that the holding in Miller applies retroactively to inmates such as Cunningham and that the Court must look to the statutes in existence at the time the offense was committed to determine what constitutional sentence may be imposed on juveniles convicted of homicide.

On September 12, 2012, the Pennsylvania Supreme Court heard oral arguments in Cunningham and in Commonwealth v. Batts. Juvenile Law Center's Deputy Director Marsha Levick argued on behalf of Batts and attorney Bradley Bridge of the Defender Association argued on behalf of Cunningham. 

On October 30, 2013, the Pennsylvania Supreme Court held that the United States Supreme Court's ruling in Miller does not apply retroactively to individuals, like Cunningham, whose convictions became final before the Miller ruling and who represent a vast majority of the 500 individuals serving juvenile life without parole sentences in Pennsylvania. In its 4-3 ruling, the Pennsylvania Supreme Court decided that those individuals are not entitled to individualized sentencing hearings, and therefore must continue to serve their unconstitutional mandatory life without parole sentences. Read Juvenile Law Center's statement on this ruling here.