Brian McMonagle, Fortunato Perri, David Mischak and Richard Kravets stand ready to help those who believe they have been unconstitutionally sentenced.
In a historic decision issued today, the Supreme Court of Pennsylvania ruled that mandatory life without parole sentences for second-degree murder convictions violate the Pennsylvania Constitution.
The Case at the Center of the Ruling
Derek Lee, the subject of the case Commonwealth v. Derek Lee, was involved in a 2014 robbery in Pittsburgh. While Lee was on another level of the building during the incident, his co-defendant struggled with the victim in the basement, resulting in a fatal shooting. Although a jury found that Lee did not kill or intend to kill the victim and acquitted him of first-degree murder, he was convicted of second-degree murder. Under Pennsylvania law at the time, the court had no choice but to sentence him to life in prison with no possibility of parole.
The Appeal
After missing a window for appeal, Lee’s appellate rights were reinstated in 2020 through the Post Conviction Relief Act (PCRA). He filed a motion to modify his sentence, arguing that the sentence was unconstitutional under both the United States and Pennsylvania Constitutions, but both the trial and superior courts rejected those claims. The case was then appealed to the Supreme Court of Pennsylvania.
Today’s Ruling
The court determined in this new ruling that the “cruel punishments” clause of the Pennsylvania Constitution provides protection for those who did not kill or intend to kill, and that mandatory life sentences for non-killers do not effectively serve the goals of rehabilitation or deterrence.
What This Means Moving Forward
Judges will now have the authority to determine a defendant’s actual role and intent before sentencing and – where a maximum life sentence was once a mandatory ruling – can now set a minimum sentencing term, after which an individual may become eligible for parole.
The mandate of this decision will take effect in 120 days.
If you are looking for an experienced criminal appeals attorney in Pennsylvania, it may help to talk to someone on our criminal defense team. Please reach out to us. Our firm is recognized as a leader in litigating criminal defense cases throughout Pennsylvania.
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