Commonwealth v. Moore

In Commonwealth v. Moore, a criminal defendant filed a petition decades after his conviction. He claimed that the life-without-parole sentence he is serving violates his due process rights because the sentencing statute is vague. The Pennsylvania Supreme Court considered whether that claim is a challenge to the legality of a sentence. If it is, it must be brought under the Post Conviction Relief Act, and it would be untimely. If it is not, it may properly be brought in a state-level habeas corpus petition and considered on the merits. The Supreme Court ruled that the challenge goes to the legality of the sentence. Thus, the petition raising the issue was a time-barred PCRA petition.

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