“There are a lot of questions”
The “landmark decision” this March in the case of Commonwealth v. Lee struck down mandatory life in prison without the possibility of parole sentences for people convicted of second-degree murder. Following the Lee decision, the Pennsylvania Supreme Court stayed its ruling to give lawmakers 120 days to issue guidelines on sentencing and retroactivity. “That deadline passed without a resolution on July 24,” the Philadelphia Inquirer reports.
Together with several Project clients, we now face many difficulties that remain on the long path to freedom, even with new hope for eventual release. The Lee decision could affect over one thousand people incarcerated in Pennsylvania, including several Project clients wrongfully convicted of second-degree murder, and dozens more with cases already in our four-stage review process.
The “landmark decision” this March in the case of Commonwealth v. Lee struck down mandatory life in prison without the possibility of parole sentences for people convicted of second-degree murder. Second-degree or felony murder means homicide without premeditation or intent, including homicides that occur during a felony where the killing was unintentional or committed by another person involved in the crime. Following the Lee decision, the Pennsylvania Supreme Court stayed its ruling to give lawmakers 120 days to issue guidelines on sentencing and retroactivity. “That deadline passed without a resolution on July 24,” the Philadelphia Inquirer reports. “And in early August, the high court rejected a bid by several district attorneys to give lawmakers more time.”
The legislature could still take up this issue upon their return to Harrisburg this fall. In the meantime, clients now serving unconstitutional sentences may ask to be resentenced, but are unlikely to succeed until the question of the Lee decision’s retroactivity is settled.
“Legal experts expect the question of retroactivity to reach the state Supreme Court again, either through an appeal of a lower court’s denial or a so-called King’s Bench petition asking the justices to take up the issue directly.
“Lawmakers could also provide a quicker alternative by writing legislation that allows people serving second-degree murder sentences to seek parole, rather than requiring individual resentencing.”
Together with several Project clients, we now face many difficulties that remain on the long path to freedom, even with new hope for eventual release. The Lee decision could affect over one thousand people incarcerated in Pennsylvania, including several Project clients wrongfully convicted of second-degree murder, and dozens more with cases already in our four-stage review process.