Pennsylvania v. Rose (majority)
Annotate this CaseAppellee Stevenson Rose and Shawn Sadik brutally attacked Mary Mitchell in a park in the East Liberty neighborhood of Pittsburgh. During the attack, the men kicked the victim in the head approximately 60 times, stabbed her in the throat, and inserted a piece of aluminum framing into her vagina, causing serious internal injuries. The victim was left naked and bleeding until she was discovered by two individuals. The attack left the victim in a vegetative state. Rose provided police with a statement in which he admitted that he and Sadik attacked the victim after drinking and doing drugs. The issue in this discretionary appeal before the Supreme Court was whether a defendant convicted of third-degree murder had to be sentenced under the sentencing statute in effect at the time the defendant committed the ultimately deadly assault upon the victim, or whether the defendant was subject to an enhanced penalty pursuant to a subsequently-enacted sentencing statute which was in effect at the time of the victim’s death 14 years later. After review, the Court concluded that imposition of a sentence in excess of that prescribed by statute at the time the defendant committed the deadly assault violated and was prohibited by the Ex Post Facto Clause of the United States Constitution. As such, the Court affirmed the Superior Court’s order vacating appellee’s sentence, and remanded for resentencing.
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