Legal Opinion

Commonwealth v. Davis

Superior Court of Pennsylvania

Decided March 29, 2019No. 76 MDA 2018PublishedCited by 3 opinions

1Opinion of the Court

OPINION BY MUSMANNO, J.:

Scott Charles Davis ("Davis") appeals from the judgment of sentence imposed after he was resentenced pursuant to Miller v. Alabama , 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana , --- U.S. ----, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016). 1 , 2 We *343 affirm in part, vacate in part, and remand with instructions.

In 1980, Davis, who was 15 years old, shot and killed Roderick Kotchin. On May 7, 1981, following a jury trial, Davis was convicted of murder in the first degree. 3 The trial court sentenced Davis to a mandatory term of LWOP, and…

2Cases cited13 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Montgomery v. LouisianaSupreme Court of the United States · 2016
  3. Commonwealth v. Batts, Q., Aplt.Supreme Court of Pennsylvania · 2017
  4. Commonwealth v. SegidaSupreme Court of Pennsylvania · 2009
  5. Commonwealth v. CardwellSuperior Court of Pennsylvania · 2014

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3Cited by3 opinions

  1. Commonwealth v. LekkaSuperior Court of Pennsylvania · 2019
  2. Com. v. Morningwake, D.Superior Court of Pennsylvania · 2020
  3. Com. v. Samuel, B.Superior Court of Pennsylvania · 2019

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