10/02/2026
PA Supreme Court to Address Retroactivity for Unconstitutional Second-Degree Murder Sentences
September 29, 2026
Incarcerated man’s appeal of life without parole sentence could overturn more than 1,100 life without parole sentences
CONTACT:
CONNEASE WARREN, ABOLITIONIST LAW CENTER, 713-304-8990, [email protected]
PHILADELPHIA—The Pennsylvania Supreme Court granted a petition for allowance of appeal today in the case of Commonwealth v. Jerome Coffey in order to address the issue of whether its March 2026 decision in Commonwealth v. Derek Lee applies retroactively. In Lee, the Pennsylvania Supreme Court struck down the sentence of mandatory life without parole (death by incarceration) for second-degree murder as a violation of article I, section 13 of the state Constitution, which prohibits “cruel punishments.” Mr. Coffey is represented by the Abolitionist Law Center.
There are currently more than 1,100 people serving unconstitutional mandatory life without parole sentences for felony murder in Pennsylvania. In its March 2026 ruling, the PA Supreme Court declined to address the issue of retroactivity, staying its ruling for 120 days so the legislature could respond. The legislature failed to come to an agreement on legislation, although separate bills passed by the Senate and the House both included retroactive provisions that would have eliminated life without parole for felony murder. The court’s decision to address retroactivity in Mr. Coffey’s case will determine if those serving this unconstitutional sentence will be entitled to a resentencing proceeding.
Mr. Coffey was convicted in 1994 and is currently serving life without parole (death by incarceration) for second-degree murder. For 30 years he has fought for relief from a conviction for which there was no physical evidence linking him to the crime, a recanted statement from a key prosecution witness, suppressed evidence, and ineffective assistance of Mr. Coffey’s trial counsel. Mr. Coffey was alleged to be the non-shooter in the incident. He has been incarcerated for more than 33 years.
“Mr. Coffey is one of more than 1,100 people who are waiting for the promise of the Supreme Court’s decision in Lee to be fulfilled,” said Bret Grote, Legal Director of the Abolitionist Law Center. “We are determined to ensure that Mr. Coffey and all those who are serving this unconstitutional sentence have their rights vindicated and are provided the opportunity to return to their communities.”
