Commonwealth v. Kebede, E.
This text of Commonwealth v. Kebede, E. (Commonwealth v. Kebede, E.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 21 MAL 2015 : Respondent : : Petition for Allowance of Appeal from : the Unpublished Memorandum and v. : Order of the Superior Court at No. 1228 : MDA 2014 exited December 4, 2014, : affirming the Order of the Lancaster EMRU KEBEDE, : County Court of Common Pleas at No. : CP-36-CR-0003556-2007 exited June Petitioner : 27, 2014
ORDER
PER CURIAM DECIDED: February 17, 2016
AND NOW, this 17th 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.
Mr. Justice Eakin did not participate in the decision of this matter
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