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COMMONWEALTH v. CUNNINGHAM

No. 38 EAP 2012

81 A.3d 1 (2013)

COMMONWEALTH of Pennsylvania, Appellee v. Ian CUNNINGHAM, Appellant.

Supreme Court of Pennsylvania.

Resubmitted August 13, 2013.

Decided October 30, 2013.

Attorney(s) appearing for the Case

Bradley Steven Bridge, Esq. , Defender Association of Philadelphia, John P. Cotter, Esq. , Cotter & Miller, Philadelphia, Marsha Levick, Esq. , Juvenile Law Center, for Ian Cunningham.

Hugh J. Burns, Jr., Esq. , Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice SAYLOR.

This appeal involves a post-conviction challenge to the imposition of a mandatory sentence of life imprisonment, without the possibility of parole, for a murder committed by a juvenile. Specifically, we are asked to determine whether Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012)—which holds that "the Eighth Amendment forbids a sentencing scheme that mandates...

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