07/28/2026
As we reported in the March SLN newsletter, on March 26, 2026, the PA
Supreme Court ruled in Commonwealth v. Lee that a mandatory sentence
of death by incarceration (otherwise known as LWOP) for a conviction
of felony murder violates the Pennsylvania constitution as it risks
being disproportionate and therefore cruel, and that an individualized
assessment of culpability must be made before a person can be
sentenced to LWOP for felony murder.
On July 24, 2026, the 120-day period that the PA Supreme Court had
allotted in Lee for the Pennsylvania General Assembly to enact
legislation to implement its decision expired. Although separate bills
were introduced in the House (Democrat-sponsored) and the Senate
(Republican-sponsored) proposing new sentencing provisions for felony
murder, no resolution was reached, and the PA legislature has
adjourned until September.
The PA Supreme Court has not ruled on a motion filed by the Allegheny
County District Attorney to extend the stay of the ruling for an
additional 120 days to give the legislature more time to act. And
although the court’s deadline has passed, the General Assembly can
enact new felony murder sentencing legislation at any time.
For now, individuals serving mandatory sentences of death by
incarceration for felony murder in Pennsylvania will individually file
petitions for resentencing under Lee in the court that originally
sentenced them. Although the PA Supreme Court’s ruling applied
directly only to Lee, advocates expect at least some judges to
resentence other people under the terms of Lee, and for either the PA
Supreme Court or the legislature to make Lee retroactive.
Bret Grote of Abolitionist Law Center, and Kris Henderson of Amistad,
counsel in the Lee case, will present at the 2026 Second Look Network
Convening about the winding litigation path that led to the PA Supreme
Court’s groundbreaking opinion.
And TSP's Director of Research, Nazgol Ghandnoosh, published an update
on July 14, 2026 to TSP's report Felony Murder: An On-Ramp for Extreme
Sentencing, by Nazgol Ghandnoosh, Ph.D., Emma Stammen and Connie
Budaci. The update reflects the developments in Pennsylvania as well
as additional developments in other states.