The Supreme Court of Pennsylvania has ruled on a Petition for Allowance of Appeal from the Order of the Superior Court in the matter of COMMONWEALTH of Pennsylvania v. Jovon KNOX, Petitioner, No. 472 WAL 2012, 2013 WL 2451355 (June 6, 2013):
AND NOW, this 6th day of June, 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED TOthe issue set forth below. Allocatur is DENIED as to the remaining issue. The issue, as stated by Petitioner, is:
Whether there was sufficient evidence to support the conviction of carrying a firearm without a license when the Commonwealth failed to prove beyond a reasonable doubt that Petitioner carried a firearm, when the evidence at trial demonstrated that the co-defendant possessed the gun at all times, and Petitioner was not an accomplice to the charge of possessing the firearm?
NOTE: The ruling of the Superior Court can be seen at 50 A.3d 749, 2012 PA Super 148, 599 WDA 2009 (July 16, 2012), reargument denied September 19, 2012 (holding that the evidence was sufficient to support conviction for carrying a firearm without a license under a theory of accomplice liability: the combination of defendant’s presence at the scene, standing side-by-side with his twin brother as one of the twins pulled a gun on the victim, running with his brother toward the car as one of them shot at the victim, fleeing the scene with his brother, hiding at a girlfriend’s house afterwards, and lying to police about his whereabouts on the day in question, gave rise to conclusion that defendant acted as his brother’s accomplice).
Also note that there was a ruling by the Superior Court in this same case that a mandatory sentence of a term of life imprisonment without the possibility of parole for a juvenile offender, in view of Miller v. Alabama, 132 S.Ct. 2455 (U.S. 2012), was cruel and unusual punishment and a violation of the Eighth Amendment of the United States Constitution andArticle I, Section 13 of the Pennsylvania Constitutionof the PA Constitution. This part of the case is apparently undisturbed.